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(영문) 인천지방법원 2018.12.07 2018노2969
업무방해등
Text

The guilty portion of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The judgment of the court below No. 2 regarding the crime of assault against the victim C among the facts charged, the court below dismissed the prosecution, and sentenced the conviction on the remaining crimes, and only the defendant appealed on the guilty part of the judgment of the court below No. 2.

Therefore, since the dismissal part of the above public prosecution which was not appealed by the defendant and the prosecutor is separated and finalized by the expiration of the appeal period, the court below's judgment and the judgment of the second court's judgment are to be judged only for the guilty part among the judgment of the court below

2. Reasons for appeal;

A. The Defendant did not have any violence against the victim E, I, L, or M and no intention to interfere with the business of the victim C.

B. Each sentence of the lower court’s unfair sentencing (No. 1: fine of KRW 1.5 million, and imprisonment of KRW 2: 8 months) is too unreasonable.

3. The decision on the grounds for appeal by the defendant shall be considered ex officio.

Article 38(1) of the Criminal Act provides that the first and second original courts shall have completed a separate examination of the defendant's business obstruction, insult, damage to property, and assault, and subsequently sentenced the defendant to the above punishment. The defendant filed an appeal against the judgment below. This court decided to hold concurrent hearings of the above appeal. Each crime of the judgment below against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment shall be sentenced within the scope of the term of punishment aggravated under Article 38(1) of the Criminal Act. In this regard, the conviction part of the judgment of the first and the second judgment of the court below cannot be exempted.

However, despite the above reasons for reversal of authority, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined differently below.

4. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, especially the consistent statement of the victims, the defendant is against the victim E, I, L, and M.

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