업무방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
In light of the fact that the defendant's main reason for appeal (unfair punishment) is difficult to economic circumstances due to the lack of labor ability due to the cross-borderization of the defendant, the sentence of the court below that sentenced fines of KRW 4,00,000 is too unreasonable.
Before determining the grounds for appeal for ex officio determination, it is ex officio.
According to the records, on November 19, 2015, the defendant was sentenced to 10 months of imprisonment for fraud, etc. at the Seoul Eastern District Court on April 5, 2016, and the judgment became final and conclusive.
However, since the crime of interference with business in this case and the crime of fraud are in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of fraud for which judgment has become final and conclusive, the punishment shall be determined in consideration of equity in the case of concurrent judgment under
Therefore, the judgment of the court below can no longer be maintained.
The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the above grounds for ex officio reversal, and it is again decided as follows.
Criminal facts
The summary of the criminal facts and evidence of the defendant are as follows: "The defendant was sentenced to 10 months of imprisonment with prison labor at the Seoul Eastern District Court on November 19, 2015 and the judgment became final and conclusive on April 5, 2016" in the criminal facts of the judgment of the court below; and "1. A previous conviction in the judgment of the court below on April 5, 2016" is as stated in each corresponding column of the judgment of the court below, except for addition of "each judgment, the summary of the agreement assistance to the agreement of the case" as stated in
Application of Statutes
1. Article 314 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, and Article 347 (1) of the Criminal Act, and Article 347 of the Criminal Act,
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Detention at a workhouse;