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(영문) 광주지방법원 2014.06.11 2014노383
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The summary of the grounds for appeal (the first instance court: the imprisonment of four months and the second instance court: the imprisonment of eight months) of the lower court is too unreasonable; and

2. Before determining the grounds for appeal by the defendant, this Court tried by examining the appeal cases against the two original judgments by combining them, and each of the crimes in the decision of the original court are concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the original judgment cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, since the above grounds for reversal ex officio as seen earlier exist, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and the evidence acknowledged by this court is as follows, except for the deletion of the part of criminal records in the column of the second judgment, and therefore, it is identical to the corresponding column of each judgment of the court below. Thus, it is acceptable in accordance with Article 369

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment), and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Of the concurrent crimes, multiple criminal offenses committed against the Defendant for the reason of sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, and among them, four criminal offenses committed by the Defendant are also punished by imprisonment with prison labor, and the Defendant was sentenced to one year and six months on July 20, 201, and one year and six months have not passed since the completion of the execution of the sentence on February 19, 201, and committed each of the instant offenses during the period of repeated crimes for which one year has not passed since the completion of the execution of the sentence on February 19, 201, and the instant crime was committed during the course of being tried as a result of the crime of interference with business, and the crime of interference with business was not committed.

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