(영문) 서울중앙지방법원 2018.08.31 2018노1458

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텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.08.31 2018노1458

업무방해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The reasons for the prosecutor’s appeal (unfair sentencing) of the lower court’s punishment (amounting to three million won) is too unhued and unreasonable.

2. The judgment does not seem to be contrary to the purport that the defendant denied his own crime and neglected his legitimate exercise of his rights, and the nature of the crime is not somewhat weak in light of the form and degree of interference with the business of the crime of this case, and the defendant does not make efforts to reach an agreement with the victim. At the time of the crime of this case, the defendant has already been five times the criminal records due to the crime of this case and the act of violence similar thereto, and other circumstances that are conditions for sentencing, such as the defendant's age, sex, sex, environment, family relationship, motive and circumstance of the crime, means and consequence, etc., it is deemed that the punishment of the court below is unfair as it is too unfeasible.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again as follows after pleading.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court is identical to the corresponding column of the judgment of the court below and the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation shall be determined by taking into account the various circumstances examined in the judgment under the above Article 62-2.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제314조 제1항

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