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(영문) 인천지방법원 2015.11.13 2015노3496
공갈등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the record reveals that the Defendant was sentenced to four months of imprisonment with prison labor for the crime of interference with business at the Incheon District Court’s Branch Branch on September 21, 2015, and the judgment became final and conclusive on October 1, 2015. The crime of interference with business and the instant crime of interference with business for which the judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and is determined after examining whether to reduce or exempt punishment in consideration of equity and cases where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Thus, the lower judgment cannot be upheld

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal.

Criminal facts

The summary of the criminal facts and evidence against the defendant recognized by this court is as follows. The first head of the judgment of the court below added "the defendant was sentenced to four months of imprisonment with prison labor for the crime of interference with business on September 21, 2015 from the Incheon District Court's Branch Branch of Incheon District Court's Branch of the District Court's Branch of Incheon District Court's District Court's order of October 1, 2015, and the above judgment became final and conclusive on October 1, 2015" in Paragraph 5 of the criminal facts, and added "1. prosecution letter" to the summary of the evidence, and therefore, it is identical to the entry in each corresponding column of the court below's decision.

Application of Statutes

1. Relevant Article 350(1) of the Criminal Act, the choice of punishment for the crime, Article 350(1) of the Criminal Act, Article 314(1) of the Criminal Act, and the choice of imprisonment, respectively;

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. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.

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