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(영문) 광주지방법원 2015.12.22 2015노787
업무방해등
Text

All convictions of each judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

The first instance court sentenced the dismissal of prosecution as to the act of assault against S, and sentenced the remaining crimes to a fine of three million won. The second instance court sentenced the dismissal of prosecution as to the act of assault against B and C, and sentenced the remaining crimes to a fine of seven million won.

However, since only the prosecutor filed an appeal on the guilty part of the judgment below and the dismissal of each of the above public prosecution is excluded from the scope of this court's judgment, the scope of this court's judgment is limited to the conviction part of each judgment below.

Summary of Grounds for Appeal

Each sentence of the lower court (No. 1: a fine of KRW 3 million, a fine of KRW 7 million: a fine of KRW 7 million) is too unhued and unreasonable.

Prior to the judgment on the grounds for appeal ex officio, each appeal case against the defendant was joined in the court below for the first time before the judgment on the grounds for appeal ex officio. Each of the offenses committed by the court below is in concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment, which increased concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this respect, the judgment of the court below

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows in the first head of the crime, except for the addition of "the defendant was sentenced to one year and six months of imprisonment with prison labor for the crime of assault, damage to property, etc. on September 27, 2012, and the execution of his/her sentence was terminated on February 5, 2014 in the Ganpo Prison" to "the defendant was sentenced to imprisonment with prison labor on September 27, 2012," as stated in the corresponding

It shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

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