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(영문) 인천지방법원 2018.05.11 2017노3541
업무방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (five million won in penalty) by the court below is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The judgment defendant recognized all of the crimes of this case and reflected, and does not want to punish the defendant any longer upon agreement with the victims.

However, the Defendant committed the instant crime five times during the short term from October 17, 2016 to May 1, 2017.

Although the defendant agreed with the victims, it is most important that the defendant was written on the condition that he did not recover specific damage from money, but did not recover it again.

The Defendant had a record of criminal punishment on 37 occasions, and committed the instant crime again during the period of suspension of execution due to the obstruction of performance of special duties.

The defendant is highly likely to repeat the crime of the same kind because of many records of the crime, such as interfering with duties after drinking, obstructing the performance of official duties, damaging property, inflicting bodily injury on others, etc.

In addition, in full view of all the sentencing conditions shown in the records and arguments of this case, including the defendant's age, sex, environment, etc., the sentence sentenced by the court below is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

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

Application of Statutes

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

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with punishment determined by a crime of interference with business against victims E, the largest punishment for concurrent crimes);

1. Suspension of execution;

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