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(영문) 대전고등법원 (청주) 2015.10.15 2015노94
공공용가스공급방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

One (No. 1) seized net value shall be confiscated.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and three months, confiscation) of the lower court is too unreasonable.

2. The lower court ex officio determination (Omission of applicable provisions concerning confiscation) has committed an offence of law that affected the conclusion of the judgment by omitting the applicable provisions concerning confiscation in the application of Acts and subordinate statutes while sentencing confiscation in the disposition, and thus, the lower court may no longer maintain the judgment.

3. If so, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 314 (1), 366, 173 (2), and 173 (1) of the Criminal Act for the purpose of committing a crime (a point of interference with business, choice of imprisonment), 329, 260 (1), 331 (1), and 330 of the Criminal Act for the selection of punishment (a point of interference with business), respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;

1. In light of the content, motive, method, frequency, risk, etc. of each of the instant crimes for sentencing under Article 48(1)1 of the Criminal Act, each of the instant crimes appears to have been committed by the occupants of the apartment living in Korea due to the occurrence of inconvenience to the residents of the apartment living in Korea, such as life, body, property, etc., the Defendant has been punished several times for the same crime, and the victims of assault want to punish the Defendant.

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