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(영문) 서울남부지방법원 2014.04.24 2013노2024
업무방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. Ex officio determination

A. The Defendant did not submit the grounds of appeal within the deadline for submitting the grounds of appeal, and the petition of appeal does not contain any grounds for appeal.

B. However, the instant case has the following reasons for ex officio destruction:

On November 29, 2010, the Defendant was sentenced to four months of imprisonment with prison labor at the Seoul Southern District Court for the crime of interference with business, and the Defendant’s appeal and final appeal against the above judgment were dismissed, and the judgment became final and conclusive on May 20, 201.

Therefore, the crime of interference with business for which judgment became final and conclusive and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, after examining whether to reduce or exempt punishment, by taking account of equity in the case of concurrent judgments under Article 39(1) of the Criminal Act.

Nevertheless, the court below's judgment can no longer be maintained as the court below committed a mistake in determining the applicable sentences with excessive treatment.

2. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

In addition to adding "the defendant's appeal and final appeal against the above judgment were dismissed and such judgment became final and conclusive on May 20, 201," the facts constituting the crime acknowledged by this court are identical to the corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act, in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

The summary of the evidence recognized by this court is the same as the corresponding column of the judgment of the court in addition to the addition of "criminal record data inquiry", and it is also quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

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