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(영문) 수원지방법원 2014.08.28 2014노3728
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. In light of the following circumstances: (a) the Defendant was sentenced to one year of imprisonment for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) in 2013 and committed each of the instant crimes during the suspension of execution, which was sentenced to two years of suspension of execution; (b) the Defendant was punished by a fine several times for the same kind of crime in addition to the aforementioned past records; (c) on the other hand, the Defendant recognized the crime; (d) the Defendant reflects the mistake; and (e) the form of the crime of the crime of interference with business in this case was not relatively heavy; and (e) other favorable circumstances, such as the Defendant’s age, character and behavior, health, home environment, the background of the crime, and the circumstances before and after the crime, and other conditions of sentencing specified in the records and arguments of the instant case, the lower court’s punishment (two months of imprisonment and two million won of fine)

2. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act (a point of interference with business), Article 3 (3) 1 of the Punishment of Minor Offenses Act (a point of interference with business), and the selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act (within the scope of aggregated of the maximum amount of the punishments specified for the above crimes);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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