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(영문) 서울중앙지방법원 2014.04.17 2014노463
업무방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 4,00,000 (fine 4,000) is too unreasonable.

2. Before determining the grounds for appeal ex officio, the Defendant was sentenced to imprisonment with prison labor for not more than eight months and two years of suspended execution for the crime of interference with business at the Seoul Central District Court on January 23, 2013. The above judgment became final and conclusive on January 31, 2013.

Since the above crimes and each of the crimes of this case for which judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the sentence for each of the crimes of this case shall be imposed at the same time in consideration of equity and equity in cases where judgment is rendered pursuant to Article 39(1) of the Criminal Act. The judgment of the court below which omitted the application of

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) the first head of the lower judgment’s criminal facts and the summary of the evidence added “the Defendant was sentenced to 8 months of imprisonment with labor for the crime of interference with business at the Seoul Central District Court on January 23, 2013 and 2 years of suspended execution, which became final and conclusive on January 31, 2013; and (b) the judgment was added “1. judgment” to the summary of the evidence as stated in each corresponding column of the lower judgment; and (c) thus, it is cited as it is in accordance

Application of Statutes

1. Article 314 (1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment: Selection of a fine;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with 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 to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant has the same criminal records several times, and the number of the crimes in this case is considerable.

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