(영문) 창원지방법원 2020.03.18 2019노2800 | 리걸엔진

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(영문) 창원지방법원 2020.03.18 2019노2800

업무방해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 13,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (defendants) by the lower court is too unreasonable.

2. The judgment that the Defendant committed the instant crime during the period of probation, that the Defendant was punished by a fine by obstructing the principal’s duties while under the influence of alcohol in 2018, that the principal offender was punished by committing an indecent act against the principal offender, that was nine times the criminal records related to violence, and that the Defendant voluntarily acted with the police along with the victim, etc. at the principal point operated by the victim on April 12, 2019.

However, considering the following factors: (a) the Defendant reflects the Defendant’s wrong in prison life for about four months; (b) agreed with the victim; (c) the method and degree of damage to the instant crime or the instant crime subject to the suspended sentence; (d) there is no specific criminal force from November 2009 to August 201; and (e) past violent crimes were punished by a fine except for the suspended sentence; and (c) the Defendant’s health condition and family relationship, etc., the lower court’s punishment is deemed to be unreasonable on account of all the sentencing conditions as shown in the records and arguments.

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

Criminal facts

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

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) 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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