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(영문) 인천지방법원 2018.01.25 2017노3947
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (eight months of imprisonment) is too unreasonable.

2. Prior to the judgment on the Defendant’s allegation of unfair sentencing by authority, the records of this case revealed that the Defendant was sentenced to six months of imprisonment with labor on December 1, 2017 at the Incheon District Court Branch Branch Branch of the Incheon District Court on December 9, 2017 and the judgment became final and conclusive on December 9, 2017. The Defendant failed to submit a petition of appeal within the appeal period under the foregoing case (Seoul District Court Branch Branch of the Incheon District Court 2017 High Court 2579) and became final and conclusive on December 9, 2017.

On December 29, 2017, when submitting a petition of appeal on December 29, 2017, the Defendant filed an application for recovery of right of appeal (it was early 922, 2017 branch court of the Incheon District Court), but the said court dismissed the said application on January 4, 2017. On January 15, 2018, the Defendant submitted a second petition of appeal and filed an application for recovery of right of appeal (it was early 26, 2018 branch court of the Incheon District Court).

In this regard, the above crimes and each of the crimes in the judgment of the court below, for which judgment has become final and conclusive, shall be sentenced to punishment for each of the crimes in the judgment of the court below in consideration of equity in the case where the judgment is to be rendered at the same time in accordance with the first sentence of Article 39 (1) of the Criminal Act, since the above crimes are concurrent crimes in the latter part of Article 3

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by this court are all criminal facts of the judgment below, and the judgment of the court below became final and conclusive on December 9, 2017, on which the defendant was sentenced to six months of imprisonment for a crime of interference with business in the Incheon District Court Branch of the Incheon District Court as of December 1, 2017.

“Additional” and “as of the date of the crime of interference with the business affairs set forth in 2017 senior group 1577” and “as of July 11, 2017, around 23:00” and “as of the date of the crime of insult.”

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