업무방해등
We reverse the judgment of the court below.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
except that, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (the first judgment: imprisonment with prison labor for 6 months, 2 years of suspended sentence, 40 hours of attending lectures for violent therapy, 120 hours of community service order and 2 original judgment: imprisonment with prison labor for 6 months) is too unreasonable.
2. The judgment of the first and second court on the defendant's ex officio judgment was rendered, and the defendant filed an appeal against the first and second judgment on the judgment of the court below, and the court decided to hold the above two cases together.
Since the first and second court's crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38 (1) of the Criminal Act, the first and second court's judgment cannot be maintained as it is.
3. The judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is again decided as follows.
【Reasons for the Judgment of the Supreme Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment), Article 366 of the Criminal Act, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver and the choice of imprisonment);
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the largest number of crimes and
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the probation, order to attend lectures or order to provide community service;
1. The scope of punishment by law: Imprisonment; and