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(영문) 수원지방법원 2015.04.16 2015노402
업무방해등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. In light of the summary of the grounds for appeal by the defendant and his defense counsel, the defendant commits each of the crimes of this case by drinking alcohol and contingently, the victim D expressed his intention not to be punished, the victim J is relatively minor, the degree of injury to the defendant is relatively minor, and there are family members to support the defendant, each of the court below's punishment of one year and six months is too unreasonable.

2. Before determining the grounds of appeal for ex officio determination, each of the judgment below's respective cases is merged in the trial, and each of the crimes of the judgment below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a judgment shall be rendered at the same time pursuant to Article 38 of the Criminal Act, and one punishment shall be sentenced. In this regard, the judgment of the court below shall no longer be maintained.

3. Conclusion, pursuant to Article 364(2) of the Criminal Procedure Act, the judgment of the court below is reversed ex officio and it is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act that interferes with the duties of the Supreme Court Decision: Article 314 (1) of the Criminal Act;

1. From among repeated crimes, Article 35 of the Criminal Act [in the case of a violation of the Punishment of Violences, etc. Act (a collective weapon, injury by a deadly weapon, etc. on December 6, 2013: Provided, That in the case of a violation of the Punishment of Violences, etc. Act on December 6, 2013, the limitation under the proviso to Article 42 of the Criminal Act];

1. The former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes, and Article 50 of the same Act, shall apply to the largest punishment.

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