업무방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
On June 7, 2017, the lower court decided that the service of the accused to the public notice shall be made by the service of public notice, and on July 21, 2017, pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 19 of the Enforcement Rule of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the lower court issued a sentence of eight months to the accused on August 29, 2017.
According to the above facts, there is no reason to assume that the defendant was unable to attend the trial of the court and there is a reason to request a retrial.
Accordingly, the judgment of the court below can no longer be maintained, since the public notice service decision is revoked in the trial and the copy, etc. of the indictment is served again, and all the trial proceedings, including the examination of evidence, are newly progress.
3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
【Grounds for a new judgment of the court below] Criminal facts and summary of the evidence acknowledged by the court below and summary of the evidence are as stated in each corresponding column of the judgment below, except for adding “1. Defendant’s oral statement” to “a summary of the evidence” as one of the first instance judgment, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 257(1) of the Criminal Act (the point of harm), and the choice of imprisonment with prison labor;
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. 1) General injury to the 1st crime (finite) (finite penalty) (finite penalty).