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(영문) 수원지방법원 2013.06.20 2013노556
업무방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the sentence of the lower court (two million won of a fine) is too unreasonable.

2. Before determining on the grounds for appeal by the defendant, the defendant was sentenced to imprisonment with prison labor for not more than eight months at the Suwon District Court on January 24, 2013, and the same year.

2. 1. It is recognized that the judgment became final and conclusive, and the crime of interference with business committed before the judgment of the court below is related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced in consideration of equity with the case where the judgment was rendered at the same time under Article 39(1) of the Criminal Act. Thus, the judgment of the court below

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is decided as follows through oral argument.

[C] The summary of the facts constituting a crime and evidence against the defendant recognized by the court and the summary of the evidence, and the summary of the evidence against the defendant, the defendant was sentenced on January 24, 2013 at the Suwon District Court to be punished by imprisonment with prison labor for eight months for fraud.

2. 1. The judgment became final and conclusive.

As stated in each corresponding column of the judgment of the court below other than adding "the addition", it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In addition to the punishment of Article 334(1) of the Criminal Procedure Act, the Defendant committed a crime of obstruction of performance of official duties on the grounds of sentencing of Article 334(1) of the Provisional Payment Order, the Defendant recognized the Defendant’s fault and the Defendant’s fault.

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