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(영문) 서울중앙지방법원 2020.11.13 2020노1328
폭행등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months and a fine not exceeding two million won.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. As to the judgment of the court of first instance, the punishment (a fine of five million won) imposed on the crime of assault as stated in the judgment of the court below is too unreasonable.

B. The punishment of the lower court on the crime of interference with business, obstruction of the performance of official duties, and assault (ten months of imprisonment) as stated in the lower judgment is too unreasonable.

2. We examine ex officio determination.

The judgment of the court below against the defendant was pronounced, and the defendant filed an appeal against each of the above judgments, and this court decided to hold a joint hearing of the above appeal cases.

However, each of the above judgments of the court below is a concurrent crime relationship under the former part of Article 37 of the Criminal Act and a single sentence should be sentenced pursuant to Article 38(1) of the Criminal Act. Thus, the above judgment of the court below cannot be maintained as it

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's respective arguments on unfair sentencing, and it is again decided as follows through pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 260(1) and 260(1) of the Criminal Act for the crime concerned, Article 314(1) of the Criminal Act, and Article 136(1) of the Criminal Act for the crime;

1. Articles 40 and 50 of the Criminal Act (the point of obstruction of performance of official duties on June 20, 202) of the Commercial Concurrent Crimes Act;

1. Each choice of imprisonment with labor for the crime of assaulting on October 17, 2019, which was sentenced to punishment on October 17, 2019, shall be punished by a fine, the crime of interference with business, the crime of obstruction of performance of official duties, and the crime of assaulting on June 20

1. Article 35 of the Criminal Act (Crime of Interference with Business, Obstruction of Performance of Official Duties, and Violence against June 20, 2020) among repeated offenders

1. Article 37 of the Criminal Code among concurrent crimes.

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