업무방해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.
The defendant above.
1. As to the summary of the grounds for appeal (e.g., a fine of KRW 6 million, and fine of KRW 10 million) of the lower court, the Defendant asserts that the punishment is too unreasonable, and that the prosecutor’s punishment is too unreasonable.
2. The Defendant and the Prosecutor filed an appeal against all of the judgment below, and this Court decided to hold the two appeals jointly and severally.
Since each of the judgment below's crimes is concurrent crimes under the former part of Article 37 of the Criminal Act, a single sentence should be imposed in accordance with Article 38 (1) of the Criminal Act, the judgment of the first and the judgment of the second court cannot be maintained as they are.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and the judgment below is ruled as follows through pleading.
[Discied reasoning of the judgment of the court below] The summary of criminal facts and evidence against the defendant recognized by this court is as stated in the corresponding column of each judgment of the court below, except for adding ‘A driver's license certificate and mandatory insurance certificate attached to investigation report (attached to the ledger of driver's license, etc.) 1. The summary of the judgment of the court below is as follows: ① using ‘unregistered', which is the third part of the judgment of the court of second instance, to Q.
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, Article 148-2(2) and Article 44(2) of the Road Traffic Act, Article 154 Subparag. 2 and Article 43 of the Road Traffic Act, Article 154 of the Road Traffic Act, Article 314(1) of the Criminal Act, Article 314(1) (Interference with Business, Selection of Imprisonment), Article 366 of the Criminal Act, Article 14-2(2), and Article 44(2)