업무방해
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The prosecutor asserts that the sentencing of the judgment of the court of first instance (two months of imprisonment, two years of suspended execution, and forty hours of order to attend school) is too unhued and unreasonable.
The defendant asserts that the sentencing of the judgment of the second instance (ten months of imprisonment) is too unreasonable.
2. The court below's decision ex officio examined the defendant and the first and second court's decision on the former shall be sentenced to imprisonment with prison labor for the latter and the latter's imprisonment with prison labor for the latter. The prosecutor filed each appeal against the judgment of the court of first instance against the judgment of the court of second instance, and the above two appeals cases were decided to be jointly tried. The first and second court's decision on the defendant's crimes against the defendant shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes pursuant to Article 38 (1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below against the defendant shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes pursuant to Article 38 (1)
3. If so, the judgment of the court below of first and second instance is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's and the defendant's assertion, and it is again decided after hearing.
Criminal facts
The summary of the facts charged and the summary of the evidence against the defendant recognized by the court is as stated in the corresponding column of the judgment of the court below 1 and 2. Therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 314 (1) of the Criminal Act and the choice of imprisonment with prison labor for the relevant criminal facts;
1. According to the records of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders, the defendant shows an attitude to recognize and reflect a crime. However, the defendant does not reflect the judgment of the court of first instance even after being sentenced, and commits each crime of the judgment of the court of second instance.