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(영문) 의정부지방법원 2015.11.04 2015노2380
업무방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In light of the crime of interference with business of the same kind of criminal (e.g., interference with business at the convenience store, restaurant, etc.) and the crime of causing property damage, and other violent crimes, etc., which have been punished several times, the defendant was sentenced to imprisonment for eight months due to the obstruction of performance of official duties in 201 and completed the execution of the sentence, and committed the same similar crime over eight times before the repeated crime, and the defendant again committed the crime of this case even when he was sentenced to a fine. In light of the fact that the defendant committed the crime of this case even though he was sentenced to a fine, it is necessary to punish the defendant with strict punishment.

However, in full view of the following facts: (a) the Defendant recognized all of the crimes; (b) the Defendant was detained for two months after the sentence of the lower judgment; (c) the victims were relatively minor; and (d) the victims and the victims have not been punished; and (c) the details and result of the crimes including the fact that they have not been punished for the Defendant, the method and consequence of the crimes; (d) the circumstances after the crimes; and (e) the Defendant’s environment, etc., the lower court’s punishment is too unreasonable

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and 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), Article 366 of the Criminal Act, and selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Article 38(1)2 of the Criminal Act [Article 50 of the Criminal Act] shall apply mutatis mutandis to concurrent crimes with punishment as provided for in the heavier

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