권리행사방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal that the court below rendered by the defendant is unreasonable because the punishment (two million won of a fine) imposed by the defendant is too unhued.
2. We examine ex officio the grounds for appeal prior to the judgment ex officio.
According to the records of this case, on May 19, 2016, the defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspension of execution on May 27, 2016 by the Suwon District Court, which became final and conclusive on May 27, 2016. On October 5, 2016, the defendant was sentenced to 6 months of imprisonment with prison labor and one year of suspension of execution on October 13, 2016, and the judgment became final and conclusive on October 13, 2016. Thus, since the crime of the judgment of the court below against the defendant and each of the above crimes for which the judgment of the court below became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment for the crime of this case shall be imposed at the same time in consideration of equity with the case where the judgment is to be rendered simultaneously
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and the judgment below is reversed and it is again decided as follows.
[C] The summary of the facts constituting a crime and the evidence admitted by this court is added to the facts constituting a crime and the summary of the evidence of the judgment of the court below. "The defendant was sentenced on May 19, 2016 to 8 months of imprisonment with prison labor and 2 years of suspended execution, and the judgment became final and conclusive on May 27, 2016, and the judgment became final and conclusive on October 13, 2016 at the Suwon District Court sentenced on October 5, 2016 to 6 months of suspended execution and 1 year of suspended execution for fraud, and on October 13, 2016, the judgment became final and conclusive on October 13, 2016" at the end of the summary of the evidence, as stated in each corresponding column of the judgment of the court below, except for the addition of "1.