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(영문) 부산지방법원 2014.04.17 2013노2992

업무방해

Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 1.5 million for each of the crimes indicated in the judgment of the first and second original courts.

Reasons

1. The summary of the grounds for appeal (the first judgment: 1.5 million won, the second judgment: the second judgment; the third judgment: imprisonment with prison labor for 10 million won) of the original judgment is too unreasonable.

2. Determination

A. On September 13, 2013, the judgment of the court below was rendered ex officio prior to the judgment on the defendant's assertion of unfair sentencing (the first and second judgment of the court below). The defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor at the Busan District Court on September 24, 2013 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, which became final and conclusive on September 24, 2013. All of the crimes in the judgment of the court of first and second judgment are concurrent crimes under the former part of Article 37 of the Criminal Act. As long as this court conducts a joint examination, the defendant should be sentenced to one punishment against each of the above crimes under Article 38 of the Criminal Act

B. The crime of the judgment of the court of the third instance on the assertion of unfair sentencing (the judgment of the court of the third instance) is likely to cause recidivism in light of the Defendant’s strong desire to commit the same crime during the period of suspension of execution, and thus, the risk of recidivism is also likely in light of the Defendant’s negligence and divorce.

However, as the defendant had almost been punished in 2008, he had livedd with the victim in the economic problem in 2008 and failed to visit the victim repeatedly, the defendant demanded the unity of judgment and interfered with the business by repeatedly finding the victim. It is easy to see that the defendant's talented in depth for more than 4 months during the period of detention, and that he will cease to be bullying and will no longer bullying in the future, and that he will be able to participate in the marriage of the foreign baby during this year.