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(영문) 서울서부지방법원 2018.04.05 2017노1792

업무방해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal, according to the records, the defendant was sentenced ex officio to the Seoul Western District Court 2017No. 1097, 1219 (Joint), 1361 (Joint, 1437 (Joint), 1437) and sentenced to imprisonment with prison labor for one year and a fine of 1.5 million won on March 23, 2018, and the above judgment became final and conclusive on March 23, 2018. Since the crime of interference with the business of the court below against the defendant and the above crime of intrusion upon residence, etc., for which the judgment of the court below became final and conclusive, are concurrent crimes under Article 37 of the Criminal Act, the punishment against the crime in the judgment of the court below should be imposed at the same time in consideration of equity with the case where the judgment is to be rendered simultaneously pursuant to Article 39 (1) of

3. Thus, 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 for sentencing, since there is a ground for reversal ex officio, and the judgment below is reversed, and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting a crime and evidence admitted by this court was sentenced to imprisonment with prison labor for one year and 1.5 million won for a crime of intrusion in Seoul Western District Court Decision 2017No. 1097, 1219 (Joint), 1361 (Joint, 1437 (Joint), etc.) and the judgment on March 23, 2018 (Joint) became final and conclusive.

“A previous conviction in the judgment of the court below” is added and cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the addition of “a prior conviction in the judgment of the court below: the text of the judgment of the court below and the search of the Supreme Court Na case.”

Application of Statutes

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;