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(영문) 서울남부지방법원 2015.03.20 2014노2168
업무방해등
Text

The judgment of the court below is reversed.

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

Reasons

In light of the fact that the defendant's grounds for appeal are against the defendant, that the defendant committed each of the crimes of this case under the influence of alcohol, and that suffering from disease such as depression, etc., the punishment for six months sentenced by the court of first instance and six months sentenced by the court of second instance is too unreasonable.

Before the judgment on the defendant's assertion of unfair sentencing was made ex officio prior to the judgment on the defendant's assertion of unfair sentencing, the defendant was sentenced to imprisonment for 6 months with prison labor for the former and 6 months for the latter, after a separate deliberation was conducted by the Seoul Southern District Court 2014Da3990, the Seoul Southern District Court 2014 and 5108, each of which was the second instance court, and the latter. However, this court decided to conduct a consolidated trial as a result of the defendant's appeal. Each of the offenses against the defendant in the judgment of the court below against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of one sentence among concurrent crimes under Article 38 (1) of the Criminal Act. In this regard, the judgment below against the defendant cannot be maintained.

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act, since there are reasons for ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant in the judgment of the court of second instance is as stated in each corresponding column of the judgment below, except that "the defendant was sentenced to six months of imprisonment with prison labor at the Seoul Southern District Court on November 23, 2012 due to the crime of interference with business, etc. on the part of the Seoul Southern District Court on November 13, 2012" as "the defendant was sentenced to six months of imprisonment with prison labor at the Seoul Southern Southern District Court on November 13, 2012." Thus, it is cited as it is in accordance with

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (a point of interference with business) for criminal facts;

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