권리행사방해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and four months.
1. The summary of the grounds for appeal (the first instance court: 10 months of imprisonment, the second instance court: imprisonment with prison labor for a year and 2 months, and the third instance court: imprisonment with prison labor for a year and 6 months) of the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal, prior to the judgment on the grounds for appeal, the Defendant appealed against the judgment of the court below Nos. 1 through 3, and this court decided to hold concurrent hearings of each of the above appeals cases.
Each of the above offenses against the Defendant by the lower court is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and a single punishment shall be sentenced within the scope of the term of punishment subject to aggravated punishment pursuant to Article 38(1) of the Criminal Act. Therefore, the lower court’s judgment was unable to be maintained as it is.
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's improper assertion of sentencing, and it is so decided as follows.
【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 323 of the Criminal Act (the point of obstructing the exercise of rights), Article 347(1) of the Criminal Act (the point of fraud), Articles 225, 30 of the Criminal Act (the point of Article 229, 225, and 30 of the Criminal Act), Articles 229, 225, and 30 of the Criminal Act (the point of uttering of forged public document), Article 355(1) of the Criminal Act (the point of embezzlement), Articles 355(1) of the Criminal Act (the point of embezzlement), each choice of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Crimes 1 applicable to the sentencing guidelines [the scope of recommendations] General Fraud 2 types (10 million won or more, and less than 500 million won) and the basic area (1 to 4 years) of the sentencing guidelines (1 to 50 million won) (the person subject to special sentencing) 2 crimes (official documents) / [the scope of recommendations] forgery, alteration, etc. of official documents, etc. / The basic area (8 months to 2 years) of the basic area (the person subject to special sentencing) / [the person subject to special sentencing].