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(영문) 광주지방법원 2018.07.11 2018노1142

업무방해등

Text

The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed in entirety.

A defendant shall be punished by imprisonment for four months.

Reasons

1. On February 1, 201, a summary of the grounds for appeal is as follows: (a) the lower court, regarding the scope of a party member’s trial on the first instance judgment, dismissed a public prosecution against intimidation among the facts charged in question; and (b) the remainder of the facts charged, which only the Defendant appealed against the conviction of the first instance judgment, and the part against which the Defendant and the Prosecutor did not appeal, became final and conclusive; and (c) the scope of a party member’s trial on the first instance judgment is limited to the portion which the lower court found guilty (hereinafter referred to as “the first instance judgment and the second instance judgment” of the lower judgment).

A. The sentencing of Defendant 1’s original judgment is too unreasonable.

B. The sentencing of the second decision of the Prosecutor’s 2nd decision is too uncomfortable.

3. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.

The first and second original courts rendered a judgment against the defendant as the High Court 2018 High Court 13, High Court 2018 High Court 2018 High Court 672, and sentenced the defendant to each punishment. The first original judgment as to the defendant, and the prosecutor filed each appeal as to the second original judgment, and this court made a decision to jointly deliberate on the above appellate case. The judgment of the court below as to each of the offenses against the defendant is in concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a term of aggravated punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all reversal.

4. If so, the judgment of the court below is reversed ex officio as seen above, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without further proceeding to decide on the unfair argument of sentencing by the defendant and the prosecutor, and it is again decided as follows.

Criminal facts

(b).