(영문) 부산지방법원 2017.12.22 2017노3058 | 리걸엔진

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(영문) 부산지방법원 2017.12.22 2017노3058

업무방해등

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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. The court below dismissed the prosecution against the Defendant among the facts charged against the Defendant, and convicted the Defendant of obstruction of business.

However, since the defendant and the prosecutor filed an appeal against the guilty portion, and did not appeal all the dismissed portion of the public prosecution, the dismissed portion of the judgment of the court below became separate and definite and excluded from the scope of the judgment of this court.

2. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (five million won in penalty) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

3. The fact that the judgment of the crime is recognized, that there was an agreement with the victim, and that the defendant is receiving mental treatment is a favorable condition.

However, even though the Defendant was sentenced to the four times of fine due to the same crime, and two times of the suspended sentence due to the same crime, the Defendant committed the instant crime and thereby, is highly likely to repeat the crime. In particular, if the Defendant was punished due to the victim’s report, it would be more likely that the Defendant would have made efforts to go against the victim and pay for the damage, and rather, repeated the act of avoiding the disturbance in the restaurant operated by the victimized person.

In full view of all the circumstances, including these circumstances, such as equity with a similar case, the age, sex, and environment of the defendant, the motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is too unfeasible and unfair.

4. As such, the prosecutor’s appeal is with merit, and the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is once again after pleading.

유사 판례

-대구지방법원 2017.11.24 2017노2349

-대구지방법원 2017.10.27 2017노655

-부산지방법원 2017.03.31 2016노4644

-부산지방법원 2017.04.21 2016노4460

-대구고등법원 2017.05.08 2016노646