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The judgment of the court below is reversed.
Of the crimes No. 1 of the judgment of the court below and the crimes No. 2 through No. 7 of the crimes No. 2 of the judgment of the court below.
Reasons
1. The decision of the court below on the summary of the reasons for appeal (a punishment of one year and six months and exemption from punishment) is too unreasonable.
2. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined ex officio the "violation of the Punishment of Violences, etc. Act (Habitual assault)" among the names of the crimes in the trial of the party, and the applicable provisions of the Act on the Punishment of Violences, etc. are "Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act" with regard to "Article 264 and Article 260 (1) of the Criminal Act", and applied for amendments to Bill of Indictment, which are "Article 260 and Article 260 (1) of the Criminal Act." Since this court permitted this and changed the subject of the judgment, the judgment of the court below was no longer maintained.
3. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts of the crime and the evidence acknowledged by this court is as follows. The summary of the facts of the crime and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act, except for the case where the "violation of the Punishment of Violences, etc. Act (Habitual Violence)" (Habitual Violence) committed on the 6th day of the judgment of the court below as "Habitual Violence" (Habitual Violence).
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the crime, Articles 264 and 260(1) of the Criminal Act concerning the choice of punishment (a habitual assault, choice of imprisonment), Article 314(1) of the Criminal Act (a) (a point of obstructing duties, choice of imprisonment with prison labor), Article 283(1) of the Criminal Act (a) (a threat and choice of imprisonment with prison labor)
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Subsequent to Article 37 of the Criminal Act concerning the treatment of concurrent crimes: Provided, That Article 39(1) (limited to the crime of interference with business set forth in attached Table 1 among crimes set forth in attached Table 2, as stated in the judgment below, and the crime of assault and obstruction of business, which became final and conclusive on January 29, 2015, and the crime of interference with business);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Exemption of punishment: Criminal Act;