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(영문) 제주지방법원 2018.11.15 2018노570
업무방해등
Text

The judgment of the court below is reversed.

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

In cases of gasoline containing seized gasoline:

Reasons

The gist of the defendant's appeal is that the court below erred by misunderstanding the facts or misunderstanding the legal principles, thereby punishing the defendant who does not constitute a repeated offense as a repeated offense, thereby affecting the conclusion of the judgment, and that the punishment (one year of imprisonment and confiscation) imposed by the court below is too unreasonable.

According to the records of this case, on December 11, 2014, the defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collectively weapon, etc.) at the Changwon District Court on May 14, 2015, and the execution of the sentence was terminated on May 14, 2015, and on July 2, 2018, when three years have passed thereafter, the fact that each of the crimes of this case was committed on July 2, 2018. Thus, the provision on the aggravation of repeated crimes of Article 35 of the Criminal Act cannot be applied to each of the crimes of this case by the

Therefore, the court below erred by misunderstanding the facts or by misunderstanding the legal principles, which affected the conclusion of the judgment, since the defendant applied the aggravated provision to repeated crimes of this case.

Therefore, the judgment of the court below shall be reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument about the sentencing, and the judgment below shall be ruled again after pleading as follows.

Criminal facts

The summary of the judgment of the court below and the summary of evidence are as stated in each corresponding column of the court below, except for the deletion of the first 15 to 18 and the third 6 and 7 of the third 10 acts, each of the 3 acts and 10 acts in each of the 10 acts in each of the 2 acts and 10 acts in each of the 10 acts in each of the 10 acts in each of the 10 acts and 10 acts in each of the 10 acts in each of the 15 to 18 acts in each of the 369 acts in each of

Application of Statutes

1. point of obstructing relevant legal affairs concerning facts constituting an offense: point of obstructing the performance of official duties under Articles 314(1) of the Criminal Act: point of special intimidation under Article 366 of the Criminal Act: Article 284 and Article 283(1) of the Criminal Act: Article 136(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Confiscation.

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