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(영문) 광주지방법원 2019.01.30 2018노3245
업무방해등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too unreasonable.

B. The lower court’s sentencing is too uncomfortable.

2. The crime of this case requires strict punishment against the Defendants, taking into account the following: (a) the Defendants conspired to commit the crime of this case in collusion with the Defendants to leak the test site in high school to interfere with business affairs of the victim educational foundation; (b) Defendant A intruded the structure in this process and performed duties in accordance with the illegal solicitation; and (c) the commission of the crime of this case upon Defendant B’s request.

However, in the early stage of the case, the defendants' mistake, such as the defendants' self-denunciation to investigative agencies in depth, the defendant's first offense without any criminal records, which led to the case at the request of the defendant Eul. The defendant Eul wanted to leave the preference of the above defendant, and the defendant Eul contributed the amount equivalent to the Korea Student Aid Foundation and the special school for disabled persons, and the amount corresponding to the defendant Eul contributed to the Korea Student Aid Foundation and the special school for disabled persons, the balance between the same crime and the sentencing, the degree of the defendants' participation, and other conditions of sentencing specified in the argument of this case, such as the defendant's age, character and character, environment, motive, means and consequence of the crime, etc., are recognized to be too unreasonable. Thus, the defendant's above assertion has merit, and the prosecutor's above assertion has no merit.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts charged and the summary of the evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

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