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(영문) 대구지방법원 2019.04.30 2019노90
업무방해등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a period of two months and by a fine of three thousand won.

The defendant above.

Reasons

1. The summary of the grounds for appeal (in the first instance court: imprisonment with prison labor for not more than four months, and a fine not exceeding five million won) that the lower court pronounced is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

The Defendant filed an appeal against all of the judgment below, and this Court decided to jointly examine the above two appeals cases.

Each crime of the first and second original judgments against the accused is a concurrent crime under the former part of Article 37 of the Criminal Act, and one criminal sentence shall be pronounced in accordance with Article 38(1) of the Criminal Act.

In this respect, the first and second original judgments cannot be maintained as they are.

In addition, on September 14, 2018, the defendant was sentenced to imprisonment with prison labor for special intimidation, etc. by the Daegu District Court on September 14, 2018 and the above judgment became final and conclusive on the 22th of the same month.

As above, each of the crimes of special intimidation, etc. for which judgment became final and conclusive, and the crimes in the second instance judgment are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after examining whether to reduce or exempt the punishment by taking into account equity and equity in cases where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. The application of the second judgment is omitted

The second judgment can no longer be maintained in this respect.

3. The judgment below reversed all the judgment of the court below under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds that the above reasons for reversal of authority as seen earlier exist, and further decided as follows.

[Reasons for the judgment which was written] The summary of facts constituting an offense and evidence recognized by this court and the summary of evidence are as follows. Except for adding "The defendant was sentenced by the Daegu District Court on September 14, 2018 to imprisonment with prison labor for a period of one year and four months for special intimidation, etc. and the above judgment became final and conclusive on September 22 of the same month," as criminal records in the second judgment.

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