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(영문) 의정부지방법원 2014.05.02 2013노2305

업무방해등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor (Korean Government District Court 2013No2305) sentenced by the lower court with respect to the above case is deemed to be too uneasible and unfair.

B. Defendant 1) Defendant 1 did not submit the grounds for appeal regarding the instant case with respect to the District Court 2013No2305, and the appeal petition does not contain the grounds for appeal. 2) As to the instant case, the District Court 2014No412, the sentence (six months of imprisonment) sentenced by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, this Court tried to examine these cases by combining them with an appeal against each judgment of the court below. Each of these crimes committed by the above defendant constitutes concurrent crimes under the former part of Article 37 of the Criminal Act and should be adjudicated simultaneously pursuant to Article 38 of the Criminal Act and sentenced to a single sentence. In this regard, each of the above judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal on the grounds of ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the court below's judgment, except where "the same kind of violent crime including the completion of the execution of the sentence has been committed 14 times" is deemed to be "the execution of the sentence has been completed" in the 3rd criminal facts of the court below's judgment. Thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 3(1) and Article 2(1) of the Punishment of Violences, etc. Act, which provides applicable legal provisions for the crime, Article 314(1) of the choice of punishment.