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(영문) 서울동부지방법원 2013.08.02 2013노551
업무방해
Text

The judgment of the court below is reversed.

The sentence against the accused shall be 500,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (the fine of KRW 500,000) imposed by the court below against the defendant is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced on June 20, 2013 by imprisonment with prison labor for six months with prison labor at Suwon District Court on the grounds of evasion of compulsory execution on June 28, 2013, and the judgment becomes final and conclusive on June 28, 2013. On the Defendant, the crime committed by the lower court against the Defendant is in a concurrent relationship with the above crime for which judgment became final and conclusive in accordance with Article 39(1) of the Criminal Act, taking into account equity in cases where a judgment is concurrently rendered pursuant to Article 37(1) of the Criminal Act and whether to reduce or exempt the sentence, and thus, the lower

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: "The defendant was sentenced to two years of suspension of execution on June 20, 2013 by imprisonment with prison labor at Suwon District Court on June 20, 2013 and the judgment became final and conclusive on June 28, 2013 due to the evasion of compulsory execution" in the first head of the judgment of the court below; and except for the addition of "1. consolidated case inquiry and judgment" in the summary of the evidence, it is as stated in the corresponding column of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314 (1) of the Criminal Act and Article 314 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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 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.

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