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(영문) 의정부지방법원 2014.03.12 2013노2671
업무방해등
Text

The judgment of the court below is reversed.

The crime No. 2 and No. 3 of the decision shall be punished by imprisonment with prison labor for one month against the defendant.

Reasons

1. The punishment sentenced by the court below to the defendant (eight months of imprisonment) is too unreasonable, because of the gist of the grounds for appeal

(2) According to the evidence duly admitted and examined by the court below and the court below on June 8, 2012, prior to the judgment on the grounds for appeal on February 2, 2012, the defendant was sentenced to a suspended sentence of six months for the crime of insult, etc. on June 8, 2012, and the above judgment became final and conclusive on the 16th day of the same month. The crime of this case is to be determined after examining whether to reduce or exempt punishment in consideration of equity and cases where the crime of this case is to be judged simultaneously with the crime of insult, etc., and thus, the judgment below which did not take such measures cannot be maintained further in this respect.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is as follows: 17 of the judgment below's summary of the facts charged and the evidence thereof is as follows: 17 of the judgment below's 17 of "2013 Highest 1468"; 2 of "2013 Highest 1530"; 2 of "2013 Highest 1530" as "2. 2. 14 highest 14th 14th 1."; 2nd 19th 19th 2nd 3rd 6th 6th 3rd 6th 3rd 13th 13th 13th 1805"; 3rd 13th 201 "the defendant's act of interference with the defendant's business" as "the defendant's act of interference with the defendant's oral statement" and "the defendant's act of interference with the defendant's business" as "the act of interference with the defendant's business".

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