업무방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (for six months of imprisonment, two years of suspended sentence, two years of suspended sentence, and observation of protection) is too unreasonable.
2. We examine ex officio prior to judgment on the grounds for ex officio appeal.
According to the records, the defendant was sentenced to 10 months of imprisonment with prison labor for damage to special public goods at the Seoul Eastern District Court on March 8, 2018 and two years of suspended execution on March 16, 2018 and the above judgment became final and conclusive on March 16, 2018 [Seoul Eastern District Court 2017 High Court 1967, 3010 (Joint), 3326 (Joint), 364 (Joint), 4154 (Joint), 4154)].
Therefore, the crime in the judgment of the court below against the defendant is related to the above special crimes of damage to public goods and the crime of concurrent crimes after Article 37 of the Criminal Act, and the punishment should be imposed at the same time in consideration of equity with the case to be judged pursuant to Article 39 (1) of the Criminal Act. Since the court below sentenced the punishment without considering it, the judgment of the court below cannot be maintained any more in this respect.
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following decision is delivered after pleading.
[Majority Opinion] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows: “Criminal facts” in the judgment of the court below was sentenced on March 8, 2018 to 10 months of imprisonment with prison labor and 2 years of suspended execution due to damage to special public goods at the Seoul Eastern District Court on March 8, 2018 and the above judgment became final and conclusive on March 16, 2018.
“A summary of evidence” shall be added and “a summary of evidence” shall be cited at the end in accordance with Article 369 of the Criminal Procedure Act, except for the addition of “a previous conviction in the judgment: the text of the judgment, and the case search” as stated in each corresponding column of the judgment of the court below.
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 latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes: