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(영문) 전주지방법원 2015.02.11 2014노1018

업무방해등

Text

1. The judgment below is reversed.

2. Defendant shall be punished by a fine of KRW 2,000,000.

3. The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal by the defendant (2,500,000 won of fine) by the court below is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the records of this case revealed that the Defendant was sentenced to six months of imprisonment with prison labor by the former District Court on July 24, 2014 due to the crime of obstruction of performance of official duties, etc., and the above judgment became final and conclusive on October 7, 2014. As such, each of the crimes committed before the judgment of the court below becomes final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of obstruction of performance of official duties, etc. of official duties, and the punishment shall be determined after examining whether to reduce or exempt the punishment, taking into account equity with the case where the judgment of the court is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Thus, the

3. In conclusion, the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The gist of the evidence and the facts charged by this court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except for adding "The defendant was sentenced to six months of imprisonment with prison labor at the Jeonju District Court on July 24, 2014 due to obstruction of performance of official duties, etc., and the above judgment became final and conclusive on October 7, 2014" to the first head of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for the crime;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act dealing with concurrent crimes (trade between the crimes concerned and the crimes of obstruction of performance of official duties for which judgment has become final and conclusive);

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is added.