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(영문) 부산지방법원 2018.11.08 2018노2566
업무방해등
Text

The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance shall be reversed.

The first instance court held that the defendant was a defendant.

Reasons

1. The summary of the grounds for appeal is as follows: The punishment of each court below against the defendant (the part concerning interference with business 1, 2 and attached Table 1-b of crime No. 1-2 as indicated in the judgment of the court of first instance: imprisonment for four months and suspension of execution for two years, and the remaining crimes in the judgment of the court of first instance: imprisonment for one year and six months, three months, one million won, and two years, and two years, one hundred won, and two other crimes in the judgment of the court of first instance (the part concerning interference with business 1,00,000 won, and two times in the judgment of the court of second instance): imprisonment for two months, two months, and two months, and the remaining crimes in the judgment of the court of second instance: imprisonment for six months, three months, 19,50,000 won) for each crime in the judgment of the court of second instance.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The judgment of the court of first instance and the judgment of the court of second instance rendered each judgment against the defendant, and the defendant filed each appeal against them, and this court decided to hold a joint hearing of the above two appeals cases.

Accordingly, each of the crimes in the judgment of the court below in the first instance judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Code, and each of the crimes in the judgment of the court below is a concurrent crime under Article 38(1) of the Criminal Code, and each of the crimes in the judgment of the court below are sentenced to one punishment under Article 38(1) of the Criminal Code.

In this respect, the part of the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained as they are.

3. In conclusion, the judgment of the court below is reversed in entirety the part of the judgment of the court of first instance as to the defendant and the judgment of the court below as to the defendant under Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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