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(영문) 광주지방법원 2018.07.25 2018노589
업무방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.

2. The judgment that the defendant recognized the crime of this case and reflected the crime of this case, and the degree of interference with business due to the crime of this case is serious.

It is not visible, and the fact that the defendant agreed smoothly with the victim is favorable to the defendant.

However, it appears that the defendant committed the crime of this case for the purpose of retaliation against the victim who reported illegal parking, the defendant committed the crime of this case during the period of repeated crime due to interference with the above special official duties without being aware of many kinds of criminal records, such as being sentenced to a fine three times as a result of interference with his/her duties, one time suspension of execution of imprisonment (2014), two times as a result of a fine as a result of interference with the performance of official duties, one time as a result of a crime of damaging property, one time as a result of a crime of obstructing the performance of official duties, and one year as a result of a crime of obstructing the performance of official duties (2015). However, the defendant committed the crime of this case during the period of repeated crime due to interference with the above special official duties, and the possibility of repeating the crime seems to be very high, and thus the defendant'

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 admitted by the court are as shown in each 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. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] The reason for sentencing under Article 35 of the Criminal Act [the scope of recommending punishment] where the degree of power, deceptive scheme, or interference with business is minor in the area of mitigation (one month to eight months), the area of mitigation (special mitigation (special mitigation) [the person subject to special mitigation)], or the degree of interference with business, it shall be the motive for the crime that may be punished and

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