업무방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three months.
1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced on May 13, 2016 to one year and two months by the crime of interference with business, etc. at the Busan District Court and the judgment became final and conclusive on May 21, 2016, which is after the judgment of the court below was rendered. Since each of the crimes of this case and the crimes for which the judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, each of the crimes of this case should be sentenced in consideration of equity with the crimes for which the judgment became final and conclusive in accordance with Article 39(1) of the Criminal Act, since the judgment of the court below cannot be maintained further in this respect.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
In addition to adding "the defendant was sentenced on May 13, 201 to one year and two months from the Busan District Court for the obstruction of business, etc. on May 21, 2016 and the judgment became final and conclusive on May 21, 2016" to the first head of the crime in the judgment of the court below, the summary of the crime and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act selecting a penalty;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders (with imprisonment for three months) is that the criminal act of this case is committed by the defendant four times in such a way that the defendant takes a bath, and thus, it is Schlage's business, restaurant business, and the task of the victim.