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(영문) 부산지방법원 2016.01.14 2015노3515
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, in light of the method and content of the crime, etc., that the crime of this case is not good in light of the following: (a) the Defendant, a supervisor, forged or altered the application for the Korea Water Supply Qualifying Examination; (b) the Defendant’s application for the Korea Water Supply Qualifying Examination; or (c) the applicant passed the examination by notifying the applicant of his answers; or (d) the Defendant’s application for the Korea Water Supply Qualifying Examination.

However, in light of the following: (a) the Defendant appeared to have committed the instant crime at the time of the trial; (b) the examination board revoked the establishment of H and appears to have no risk of re-offending by releasing the Defendant from the first position; (c) the examination board does not want to punish the Defendant; (d) the Defendant has been living in prison for a considerable period of time due to the instant case; (c) the Defendant had no record of criminal punishment before the instant case; and (d) other sentencing conditions as indicated in the instant argument, such as the Defendant’s age, sex behavior, environment, and the background of the instant crime, etc., the sentence imposed by the lower court is unreasonable.

3. As such, the defendant'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 the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 314(1) and 313 of the Criminal Act as to the facts constituting an offense in question (a point of interference with business), Article 231 of the Criminal Act (a point of charge of forging private documents or altering private documents) and Article 234 of the Criminal Act.

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