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(영문) 청주지방법원 2019.10.24 2019노324
업무방해등
Text

All judgment of the court below shall be reversed.

Defendant

A, Defendant B, and Defendant C shall be punished by imprisonment for 10 months, Defendant D, and Defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable for each sentence of the lower court against the Defendants (10 months of imprisonment, 3 years of probation, 160 hours of community service, 6 months of probation, 2 years of probation, 120 hours of community service, 120 hours of each sentence of imprisonment).

2. In light of the social status, age, level of education, etc. of the Defendants, the Defendants committed each of the crimes of this case with no responsibility, such as the so-called singing crime and the seriousness of the social harm caused thereby, even though they could not have known about the seriousness of the so-called singing crime and the social harm caused thereby, they committed each of the crimes of this case, such as providing the singing company and the person who cannot be identified by creating a large passbook, etc., and the sing company, etc. created by the Defendants, which eventually was used for the singing crime, cannot be deemed to be somewhat weak

However, considering the fact that the defendants were committed in both the crimes of this case, and the defendants are deemed to have been used by themselves, such as misunderstanding as a procedure for receiving loans, and considering the contents of the defendants' crime and the social damage therefrom, it is necessary to impose a proper community service order, thereby hindering the intent of compliance or social responsibility. However, the social service order to the extent that it is considerably difficult to cope with in light of the defendants' economic circumstances, their dependents' livelihood, health, occupation, and occupation, etc., as well as all kinds of sentencing conditions indicated in the records of this case, such as the defendants' age, character, occupation and environment, motive, means and consequence of the crime, etc., and the circumstances after the crime, etc., the above punishment imposed by the court below is too unreasonable, considering the following factors.

3. In conclusion, since the defendants' appeal is well-grounded, all of the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

In other words,

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