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(영문) 인천지방법원 2015.04.30 2015노776
업무방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Before determining the grounds for appeal, the Defendant, ex officio, was sentenced to a suspended sentence of one year by imprisonment with prison labor at the Incheon District Court for the crime of interference with business, etc. on September 24, 2014, and the Prosecutor appealed on February 13, 2015, but the said judgment became final and conclusive on February 24, 2015, as the appeal was dismissed on February 13, 2015. The above crime of which judgment became final and conclusive and the crime of which judgment became final and conclusive are determined by the lower court in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, by taking into account the cases and equity under Article 39(1) of the Criminal Act, and after examining whether to reduce or exempt punishment

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, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence charged by this court is as follows. The contents of the judgment of the court below are as follows: "The defendant was sentenced to two years of suspension of execution for one year of imprisonment with labor at the Incheon District Court on September 24, 2014 by the obstruction of business, etc." The prosecutor appealed on February 13, 2015, but it was dismissed on February 24, 2015 and the above judgment became final and conclusive on February 24, 2015." The summary of the evidence changed to "the above judgment was final and conclusive on February 24, 2015." Except for addition of "the Konet case search and judgment" to the back part of "the previous offense" as stated in each corresponding column of the

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act concerning facts constituting an offense and Article 314 (1) of the same Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. From among concurrent crimes, the accused is led to confession of the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act;

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