업무방해등
All of the first and second original judgments shall be reversed.
A defendant shall be punished by imprisonment for six months.
1. The judgment of the court below on the summary of the grounds of appeal (the first judgment: the fine of KRW 3 million, and the second judgment: the fine of KRW 5 million) is too unhued and unreasonable.
2. Each judgment of the first and second original courts rendered a judgment on the defendant's ex officio judgment, and the prosecutor filed an appeal against each of the above two appeals cases, and this court decided to hold a joint trial. Each of the crimes in the first and second original judgments against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and shall be sentenced to one sentence pursuant to Article 38(1) of the Criminal Act. Thus, the first and second original judgments cannot be maintained as they are.
3. If so, the first and second original judgments are based on the grounds for the above ex officio reversal. Thus, without examining the prosecutor’s above assertion of unfair sentencing, the first and second original judgments are reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act, and the following are again decided after pleading.
【The reasons for the judgment of multiple times】 The criminal facts and the summary of the evidence admitted by the court in this Court are added to the first head of each criminal facts of the first and second original judgment. “Defendant shall be sentenced to a suspended sentence of two years for ten months in prison by night-time building intrusion, theft, etc. at the Jeju District Court on January 8, 2015, and the same court on December 17, 2015 at the same court on the same date sentenced to a suspended sentence of six months in embezzlement, etc. and completed the suspended sentence on December 25, 2015 after the sentence of the above suspended sentence becomes final and conclusive on July 21, 2016.” The summary of the evidence of the first and second original judgment added “1. The criminal records: criminal records; investigation reports (Attachment to the same type of force attached); investigation reports; investigation reports; investigation reports; etc. at the end of the criminal records of this case; and deletion of paragraph (2) of the same Article from the summary of the evidence of this case’s original judgment.”