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(영문) 의정부지방법원 2018.07.17 2018노1348
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one hundred months of imprisonment) is too unreasonable.

2. The Defendant committed the instant crime during the period of repeated crime due to the same crime. The Defendant, without any special reason, committed each of the instant crimes, and the nature of such crimes is also not good.

This is disadvantageous to the defendant.

However, the defendant recognized the crime of this case and is against the law.

The defendant deposited 68,00 won to the victim H for the first time, and this seems to have been fully recovered from the victims.

This is the circumstances favorable to the defendant.

In full view of such circumstances as the defendant's age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime in this case and the arguments, the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. On the grounds as examined in the determination of the illegality of sentencing prior to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the punishment shall be determined as set forth in the text of the Criminal Act.

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