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(영문) 대전지방법원 2016.08.17 2016노1495
상해등
Text

The judgment below

The guilty portion shall be reversed.

In the case of the crimes No. 1 and No. 2 in the judgment of the defendant, the crimes No. 3 in the judgment.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. On June 26, 2015, the Defendant was sentenced to a suspended sentence of two years for obstruction of business, etc. in the Hongsung Branch of the Daejeon District Court on the grounds of obstruction of business, etc. On July 4, 2015, and the judgment became final and conclusive on July 4, 2015. The Defendant’s obstruction of business, etc., for which the crime of Articles 1 and 2 as stated in the judgment of the lower court against the Defendant and the said crime of obstruction of business, etc., in relation to concurrent crimes after Article 37 of the Criminal Act, must be sentenced separately to punishment for crimes Nos. 1 and 2 as stated in the judgment of the lower court, taking into account equity with the case where the judgment is to be rendered simultaneously pursuant to Article

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

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the relevant column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of harm), Article 314(1) of the Criminal Act (the point of interference with business) and the choice of imprisonment with prison labor for the crime;

1. Subsequent to Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That the part of Article 39 (1) (limited to cases where a crime under Articles 1 and 2 of the Judgment is committed and a crime of interference with business for which judgment becomes final and conclusive

1. The following are the circumstances favorable to the defendant: (a) the reason for sentencing of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes as to offenses between crimes No. 1 and 2; and (b) the reason for concurrent crimes with the victim F with the heavier gravity of crime) is the confession of all of the instant crimes; (c) the fact that the defendant agreed with the victims in entirety; and (d) the victim’s injury is relatively heavy.

However, this case.

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