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(영문) 서울남부지방법원 2016.07.21 2016노839
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The summary of the grounds for appeal is too unreasonable considering the following: (a) the Defendant recognized all of the crimes and reflects the depth of the offense; (b) the misunderstanding that the Korean language under the influence of alcohol led to contingent crimes; (c) support the Defendant with severe aging; and (d) the Defendant is expected to be subject to compulsory departure measures and entry regulations after the suspended sentence or higher becomes final and conclusive; and (b) the sentence imposed by the lower court is too unreasonable.

2. In the first instance trial, the Defendant agreed to pay KRW 300,000 to the victim of the crime interfering with business, and deposited KRW 1,00,000 for the victim of the crime of injury. The Defendant did not have a domestic criminal record, and the Defendant did not have a criminal record in this case for more than three months, and the Defendant’s life was carried out for more than three months in this case, including the Defendant’s character and conduct, motive and consequence of the crime, and all of the sentencing conditions in this case, including the Defendant’s personality and conduct, the Defendant’s motive and consequence of the crime, and the circumstances after the crime

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The facts constituting an offense and the summary of evidence recognized by the court are all identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314 (1), Article 257 (1) and Article 136 (1) of the Criminal Act concerning facts constituting an offense (the point of interference with business), Article 314 (1), Article 257 (1), and Article 136 (1) of the same Act (the point of interference with the performance of public duties);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment between the crime of injury and the crime of obstructing the performance of official duties, and the punishment prescribed for the crime of serious injury shall be imposed);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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