업무방해등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
A fine shall not be paid by the defendant.
1. The determination of the summary of the grounds for appeal (e.g., punishment 1 and 2) is unreasonable.
2. Each of the judgments of the court below that joined the judgment of ex officio is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act.
The judgment of the court below cannot be maintained.
3. The judgment of the court below contains reasons for ex officio reversal.
Pursuant to Article 364(2) of the Criminal Procedure Act, all of the appeals shall be reversed, and the following judgments shall be rendered:
Criminal facts
Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the original judgment.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Fine) for the crime, and Article 329 of the Criminal Act for the selection of punishment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. The first instance court, on the grounds of sentencing of Articles 70 and 69(2) of the Criminal Act for the detention in a workhouse, sentenced to a punishment lower than a fine of five million won (a fine of five million won) in the summary order, and the second lower court sentenced the same punishment as a fine of three million won (a fine of three million won) in the summary order.
Defendant committed crimes during the period of suspended execution.
Punishment shall be determined by taking comprehensive account of the contents and frequency of crimes committed by defendants and other factors of sentencing.