업무방해등
The part of the judgment of the court of first instance and the judgment of the court of second instance against Defendant A are all reversed.
Defendant
A shall be punished by a fine of 1.2 million.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (the first instance judgment: the fine of KRW 700,00,000, and the second instance judgment: the fine of KRW 500,000) is too unreasonable.
B. The punishment imposed by Defendant B (the penalty amount of KRW 500,000) by the lower court is too unreasonable.
2. Determination
A. We examine the grounds for appeal by Defendant A ex officio prior to the judgment on the grounds for appeal by authority.
The judgment of the court below in the first and second instances sentenced the defendant, and the defendant filed an appeal against the defendant, and this court decided to hold a joint hearing of the two appeals cases. Since each crime of the first and second appeals against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the part against the defendant among the judgment of the court below in the first and second cases cannot be maintained.
B. In light of the following circumstances: (a) the Defendant recognized all of the crimes; (b) the Defendant fully repaid the amount of damage after the month of the instant case; and (c) the Defendant had the record of being sentenced to a fine in the course of fraud by taking liquors and salves, etc. in the year 2012, taking into account the circumstances unfavorable to the Defendant; and (d) the sentence imposed by the lower court on the Defendant in full view of all the sentencing conditions specified in the records and arguments in the instant case, is deemed appropriate and too unreasonable.
3. As such, the judgment of the court below against Defendant A on the ground that there is a ground for reversal as seen earlier, without examining the unfair argument of sentencing by Defendant A, all of the judgment of the court below and the judgment of the court below of first and second pursuant to Article 364(2) of the Criminal Procedure Act are reversed, and the part against Defendant A among the judgment of the court below and the judgment of the court below are reversed, and the appeal by Defendant B is dismissed as it is so decided per Disposition
【Defendant A” refers to Defendant A.