(영문) 부산지방법원 2015.11.05 2015노2015 | 리걸엔진

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(영문) 부산지방법원 2015.11.05 2015노2015

업무방해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (1.5 million won of fine) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

According to the records, the defendant was sentenced to eight months of imprisonment for the crime of interference with business, etc. at the Busan District Court's Dong Branch (2014 Highest 2018) on January 14, 2015, and the defendant appealed as Busan District Court 2015No223, but the appeal was dismissed on March 12, 2015, and the above judgment became final and conclusive on March 20, 2015.

Therefore, the punishment shall be determined in consideration of the equity between the crime for which the above judgment has become final and the crime of concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of which judgment has become final and conclusive in accordance with Article 39(1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained in this respect.

3. Thus, 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 again decided as follows after oral argument.

Criminal facts

The summary of the facts and evidence against the defendant recognized by this court is as follows: ① The first head of the judgment of the court below added "the defendant was sentenced to eight months of imprisonment with prison labor from January 14, 2015 to the Busan District Court's Dong Branch for the crime of interference with business, etc. on March 20, 2015," and ② the summary of the evidence added "1.............." to "in addition, the inquiry report, such as criminal records, etc., and two copies of the judgment" as stated in each corresponding column of the court below; thus, it is cited as is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

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