업무방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment) is too unreasonable.
2. Before determining the grounds for appeal by the Defendant ex officio, the record of this case reveals that the Defendant was sentenced on October 29, 2012 to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault, etc.) at the Incheon District Court’s Branch Branch Branch Branch of Incheon District Court, and completed the enforcement on April 24, 2014. The Defendant committed each of the crimes of interference with the business of this case as to May 20, 2016 and July 24, 2016, respectively.
However, the lower court selected each of the instant penal provisions on the crime of interference with business. In such a case, the lower court erred by omitting the scope of punishment by putting a repeated offender under Article 35 of the Criminal Act, thereby adversely affecting the conclusion of the judgment.
In this respect, the judgment of the court below is no longer able to maintain.
3. Accordingly, the judgment of the court below is reversed pursuant to 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 reversed, and it is again decided as follows.
Criminal facts
The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as follows: "The defendant was sentenced on October 29, 2012 to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault, etc.) at the Incheon District Court's Branch Branch Branch of the Incheon District Court, and completed its enforcement on April 24, 2014." On April 1, 2014. "1....................................................., the criminal records, etc., and the results of the
Application of Statutes
1. Article 314(1) of the Criminal Act, which provides applicable legal provisions to facts constituting an offense, and the choice of punishment, respectively;