업무방해등
The part of the judgment of the court of first instance and the judgment of the court of second instance against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for nine months.
1. Summary of grounds for appeal;
A. The sentencing of the first original judgment against the Defendant A by the Prosecutor is too uncomfortable.
B. The sentencing of the 2nd judgment decision against the Defendants is too unreasonable.
2. Determination
A. We examine the reasons for appeal by the public prosecutor of the defendant and the defendant A ex officio prior to judgment.
The first and second original courts rendered a judgment against Defendant A after completing separate hearings in accordance with the order of 1247, 2016, 1247, 2017, 16, 2017, 2017, 274, and 274, respectively, against Defendant A. The prosecutor filed an appeal against the first and the second original judgment against Defendant A, and this court decided to jointly examine the above appeal cases. Since the two crimes of the first and second original judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, each of the two crimes should be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act, the part of the lower judgment against Defendant A among the first and the second judgments of the lower court cannot be exempted from all of them.
B. It is recognized that Defendant B’s mistake was divided by Defendant B, and that Defendant B agreed with some victims.
However, Defendant B committed the instant crime again during the suspension period of execution for the same kind of crime even though Defendant B had been tried several times, and did not completely recover from damage to the trial. In addition, considering the conditions of sentencing specified in the instant pleadings, such as Defendant B’s age, sex and environment, motive, means and consequence of the instant crime, etc., the lower court’s sentence is too unreasonable, and thus, Defendant B’s above assertion is without merit.
3. As such, the part of the judgment of the court below No. 1 and the judgment of the court below No. 2 concerning Defendant A among the judgment of the court below is reversed ex officio.