업무방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 6,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 6,00,000) is too unreasonable.
2. Reviewing the reasoning of the Defendant’s appeal ex officio prior to the judgment on the grounds of ex officio determination, the record reveals that the Defendant was sentenced to ten months of imprisonment with prison labor on October 13, 2017, on the grounds of injury in the support of the Suwon Friwon, and on February 28, 2018, and the said judgment became final and conclusive on February 28, 2018. As such, each of the crimes of this case is in a concurrent relationship with the above crime for which the judgment became final and conclusive in accordance with Article 39(1) of the Criminal Act inasmuch as each of the crimes of this case is in a single concurrent relationship after the said judgment was rendered simultaneously and is considered to have been mitigated or exempted, the lower judgment cannot be maintained further.
3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows after pleading.
Criminal facts
The summary of the criminal facts and evidence against the defendant recognized by this court was sentenced to imprisonment with labor for ten months for injury, etc. on October 13, 2017 and the above judgment was finalized on February 28, 2018.
In addition to adding “1. Court Decision (Supreme Court Decision 2018Do1083)” in the column for evidence, other than adding “1. Court Decision (Supreme Court Decision 2018Do1083)” is the same as each corresponding column of the original judgment, so it is cited by Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Article 314 (1) of the Criminal Act (the point of interference with business), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), and the selection of fines for each crime;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 70(1) and 69(1)1 of the Criminal Act to attract a workhouse.