권리행사방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 4,00,000 (fine 4,000) is too unreasonable.
2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the records of this case are examined as follows. The Defendant, at the Changwon District Court on December 6, 2018, sentenced ten months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) and confirmed on December 14, 2018.
As seen above, the crime of violation of the Act on the Control of Narcotics, etc., for which judgment has become final and conclusive, shall be determined after considering equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, and examining whether to reduce
In this respect, the judgment of the court below is no longer maintained.
3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.
[Discied reasoning] The summary of the facts constituting a crime and the evidence admitted by the court below and the summary of the facts constituting a crime in the judgment of the court below are as follows. The first head of the facts constituting a crime in the judgment of the court below added "the defendant was sentenced to ten months by imprisonment with prison labor at the Changwon District Court on December 6, 2018 as a crime of violating the Act on the Control of Narcotics, etc. (fence) and on December 14, 2018, and the above judgment became final and conclusive on December 14, 2018," and the summary of the evidence was as stated in the last part of the judgment of the court below, except for adding "the criminal record in the judgment of 1.0: a copy of the judgment of the original court (fence district
Application of Statutes
1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act exceeds the fine against the accused.