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(영문) 의정부지방법원 2018.07.16 2018노953

업무방해등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. Summary of grounds for appeal;

A. The court below's each sentence (the court below's judgment No. 1: 6 months of imprisonment, and 2 months of imprisonment) declared by the defendant is too unreasonable.

(b)the sentence imposed by the first instance judgment of the Prosecutor is too uneased and unreasonable;

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, the appeal case against the judgment below was combined. Each of the crimes in the judgment of the court below against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below cannot avoid reversal.

3. The judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act, and the following new judgments are rendered, without examining each of the unfair arguments of sentencing by the defendant and the prosecutor, on the grounds that the judgment of the court below is reversed ex officio.

[Re-written judgment] Criminal facts and summary of evidence recognized by the court and summary of the evidence are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of the law is as stated in the applicable column of the judgment below.

1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, Article 257(1) of the Criminal Act, and Article 257 of the Criminal Act, the choice of imprisonment with prison labor for the crime;

2. Article 35 of the Criminal Act for aggravated repeated crimes;

3. In light of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the Defendant committed the instant crime even though he/she had been in the period of repeated crime due to interference with the business affairs as indicated in the lower judgment, and the victims of damage to property and injury have not recovered, and there was a history of punishment several times as a previous violent crime, it is inevitable to sentence sentence on the Defendant.

However, the defendant recognizes his mistake and reflects it.