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(영문) 수원지방법원 2019.05.13 2018노6872
권리행사방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

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

2. In full view of all the circumstances, including the fact that the defendant agreed with the I limited company that acquired the claim from the victim company after the decision of the court below was rendered, that the defendant led to confession, reflects, and not re-offending, and that the defendant does not repeat the case, and that other circumstances that are conditions for sentencing as shown in the records and arguments, such as the character, conduct and environment of the defendant, the background and result of the crime in this case, the circumstances after the crime, etc.,

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 323 of the Criminal Act and Article 323 (Obstruction of Exercise of Rights) of the Criminal Act and the choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act ( considered for the reasons for reversal of the sentence);

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