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(영문) 부산지방법원 2014.12.24 2014노3526
업무방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal in the judgment below is unreasonable because the punishment of a fine of one million won is too unlimited.

2. According to the reasoning of appeal by the Defendant, prior to the judgment on the grounds of appeal by the lower court, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Busan District Court on August 13, 2014, and the judgment became final and conclusive on November 8, 2014, and the crime of this case against the Defendant is in a concurrent relationship with the crime for which the judgment became final and conclusive in accordance with the latter part of Article 37 of the Criminal Act, and thus, the judgment of the lower court should be determined by taking account of equity with the case where the judgment is rendered simultaneously in accordance with Article 39(1) of the Criminal Act, which omitted

3. As above, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by this court was "final and conclusive" of the judgment of the court below in the column of the 2 to 3 criminal facts in the judgment below, and sentenced on August 13, 2014 to 10 months by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Busan District Court, and the above judgment became final and conclusive on November 8, 2014; and the summary of the evidence was "1. Defendant's trial statement at the trial court" in the column of the evidence;

1. In addition to the addition of the judgment of Busan District Court (Supreme Court Decision 2014DaDa2285 Decided August 23, 2014), each corresponding column of the judgment of the court below is the same as that of the judgment of the court below, and such addition is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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