상해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal is too unreasonable. The punishment (4 million won) imposed by the defendant is too unreasonable.
2. According to the evidence duly adopted and examined by the court below and the court below ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant was sentenced to an order to attend the school for six months and 40 hours at the Suwon District Court on January 28, 2015, and appealed the above judgment of the court of first instance on December 8, 2015. The appellate court was sentenced to a dismissal order of appeal on December 16, 2015 at the Suwon District Court which was the appellate court. The above appellate court's judgment was recognized as having become final and conclusive on December 16, 2015. Thus, the crime of the court below and the crime of obstructing the above business, which became final and conclusive in relation to the defendant's concurrent crimes under Article 37 of the Criminal Act, should be sentenced to a punishment on the crime of the court below's judgment in consideration of equity with the case where the judgment is to be held simultaneously in accordance with the main sentence of Article 39 (1) of the Criminal Act.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of facts and evidence acknowledged by this court shall be added to the first head of the crime in the judgment of the court below that "the defendant appealed from the court of first instance after being sentenced to an order to attend the course of six months and 40 hours on January 28, 2015, by obstructing business operations by the Suwon District Court, etc. The appellate court was sentenced to dismissal of appeal on December 8, 2015, and the above appellate court's judgment became final and conclusive on December 16, 2015 due to failing to file a petition for appeal in the above appellate court's judgment," and that "the summary of evidence" shall be added to each of the judgment of the court below (the Suwon District Court Decision 2014 Gowon1379, 1910 (Joint) and the Suwon District Court."