업무방해등
The defendant's appeal is dismissed.
The defendant's motion for adjudication on the constitutionality of law is dismissed.
1. In light of all the sentencing conditions indicated in the records and arguments of this case, including the fact that the Defendant appealed for the reason for appeal on the ground that the sentence of the lower court (one year and six months of imprisonment) is too unreasonable, but the Defendant had a large number of criminal records, and the Defendant committed each of the crimes of this case without being aware of the fact that the Defendant was committed even during the period of repeated offense, it is not recognized that the sentence imposed on the Defendant for the reason indicated in its reasoning is too unreasonable.
Therefore, the defendant's appeal is without merit.
2. Determination on an application filed for adjudication on the constitutionality of a law
A. Article 35 of the Criminal Act provides that “All citizens shall not be subject to repeated punishment for the same offense.” Article 13(1) of the Constitution that provides that “All citizens shall not be subject to repeated punishment for the same offense.”
B. Article 35 of the Criminal Act provides that an aggravated punishment of a repeated crime is to disregard the warning function of the punishment even though the punishment was imposed against the preceding offender, and that the punishment was imposed against the preceding offender, but if the latter commits another crime, the punishment is imposed in the same manner as the latter.
Inasmuch as it is apparent that the punishment for a repeated offense is not re-guilty due to the preceding offense, it cannot be deemed that the aggravation of punishment for a repeated offense violates the principle of res judicata under the Constitution.
[See Supreme Court Order 2009Hun-Ba63, 2010Hun-Ba364, 409, 2010Hun-Ba548, 2011Hun-Ba6, May 26, 2011] Accordingly, the defendant's above assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and the defendant's application for adjudication on the constitutionality of statutes is dismissed as well as the defendant'
However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the same court shall make ex officio the 10th of the judgment of the court below in the same court on October 13, 2015.