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(영문) 인천지방법원 2018.11.16 2018노3167
업무방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) is too unreasonable.

2. Determination of the instant crime is not that provided for in the light of the details and means of the instant crime.

Although the Defendant had been punished several times for violent crimes, the Defendant committed the instant crime. However, all of the instant crimes were led to the confession, and the Defendant is divided.

The defendant does not want the punishment of the defendant by mutual agreement with the victim in the court below.

Since 2013, there is no record of criminal punishment exceeding fine.

The defendant has been able to live in prison for a certain period of time.

In full view of the above circumstances, the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment seems to be too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The favorable circumstances in part of the judgment on the grounds for the above appeal);

1. Scope of applicable sentences under the law for the reasons of sentencing under Article 62-2 of the Criminal Act: The application of sentencing guidelines for not more than five years [the scope of recommended sentences] shall be obstructed by the application of the sentencing guidelines [the scope of business], and the basic area (one to one year and six months) (the person who is specially mitigated) [the person who is subject to special mitigation] shall not be punished (including the advanced effort for the recovery of damage] / The decision of sentence shall be made where the applicable law of crime is extremely poor:

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