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(영문) 부산지방법원 2013.04.11 2012노3982
업무방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (the fine of 1.2 million won) is too unreasonable.

Judgment

On the other hand, even though the defendant was sentenced to punishment due to fraud and occupational embezzlement, the defendant committed the crime of this case, but all of the crimes of this case were led to confession of the crime of this case, the defendant committed the crime of this case with the same kind of crime, and the defendant did not want the punishment of the defendant, the victim C does not want the punishment of the defendant, the victim C does not want the punishment, and the basic living recipient with symptoms, such as depression and disorder, economic situation is not good. In addition, considering the motive and circumstance of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, and environment, the punishment of the defendant is somewhat inappropriate.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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