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(영문) 수원지방법원 2014.07.24 2014노56
업무방해등
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. According to ex officio determination, the records show that the Defendant was sentenced to three months of imprisonment with prison labor at the Suwon District Court on February 19, 2014 due to fraud, etc., and the judgment became final and conclusive on April 4, 2014. As such, the crime of fraud, etc., for which judgment became final and conclusive, and the crime of interference with business, etc. of this case, etc., are related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and are determined after considering the equity with which judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt the sentence. In this regard,

2. Thus, the appellant did not submit the appellate brief within 20 days after the Defendant was served with the notification of the receipt of the trial records on January 8, 2014. However, the lower court’s judgment is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is so decided as follows.

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by this court is that "the defendant was sentenced to three months of imprisonment for a crime, etc. at the Suwon District Court on February 19, 2014, and the judgment became final and conclusive on April 4, 2014" in all of the facts constituting a crime of the judgment of the court below, and except for addition of "1..........................., the corresponding column of the judgment of the court below is the same as the corresponding column of the judgment of the court below, and thus, it is acceptable

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 257(1) of the Criminal Act, the choice of a fine for the crime, the choice of a penalty, and the choice of a fine for the crime;

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

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

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

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order in each of the instant cases.

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