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(영문) 서울중앙지방법원 2020.06.19 2019노3518
업무방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The defendant does not pay the above fine.

Reasons

The penalty (two million won of a fine) imposed by the defendant in the summary of the grounds for appeal is too unreasonable.

The punishment sentenced by the court below by the public prosecutor is too uneasible.

According to the evidence duly examined by the court below, the defendant was sentenced to 10 years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on November 1, 2018 and the judgment became final and conclusive on June 13, 2019.

Since the crime of this case is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of this case for which judgment has become final and conclusive, a punishment shall be determined by taking into account equity and equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act.

The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the grounds for reversal of ex officio.

Criminal facts

In the first head of the judgment of the court below on November 1, 2018, "the defendant was sentenced to ten years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on November 1, 2018 and the judgment became final and conclusive on June 13, 2019" 1. A previous conviction in the judgment on June 13, 201, "B, at the last point of the evidence": The same shall apply to the judgment of the court below

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 366 of the Criminal Act and Article 366 of the Criminal Act, the choice of fines for crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The two types of punishment under Article 334(1) of the Criminal Procedure Act show the attitude of recognizing and opposing the criminal defendant.

No. 3.0

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