logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.11.28 2018노2473
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 500,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months, two years of suspended sentence, probation, and community service order for 120 hours and fine for 50,000 won) imposed by the lower court is excessively unreasonable.

2. In full view of all the factors as indicated below, including the Defendant’s age, character and conduct, environment, circumstances surrounding the crime, and circumstances after the crime, it is determined that the sentence imposed by the lower court is somewhat heavy.

The crime of this case was committed during the suspended execution period due to the crime of causing damage to an unfavorable property, such as the confession of a crime with respect to the part of the violation of the Act on the Punishment of Minor Offenses in a favorable normal condition, the confession of all the crimes in the trial and withdrawal of the assertion of mistake with respect to the interference with business, the fact that the head of the Gu/Si/Gun Police Station is the front place, the crime of this case was committed during the suspended execution period due to the crime of causing damage to an unfavorable property, such as the fact that the crime was committed in a favorable manner, the same criminal record is more than six times (five times of violence

3. As the defendant's argument of unfair sentencing is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

[Re-written judgment] The facts constituting an offense and summary of the evidence acknowledged by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except where the "written statement of the defendant at the trial" is added to the summary of the evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for cancellation by government offices and the selection of fines);

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Suspension of execution (limited to imprisonment);

arrow