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(영문) 수원지방법원 2019.05.30 2019노1674
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a year and September, and a fine of KRW 300,00.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant (one year and nine months of imprisonment and fine of three hundred thousand won) is too unreasonable.

B. The lower court’s above sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant and prosecutor.

When a person who has committed a false offense makes a confession or surrenders himself/herself before the judgment or disciplinary action becomes final and conclusive, the punishment shall be mitigated or remitted.

(Articles 157 and 153 of the Criminal Act). According to the records, the defendant, at the court below, was found to have denied the facts charged without the complaint of this case and led to a confession in the trial. It is evident that the defendant's criminal case against S without the complaint is not prosecuted and the judgment becomes final and conclusive.

Therefore, according to Articles 157 and 153 of the Criminal Code, punishment for the defendant'sless crime should be reduced or exempted as necessary, so the judgment of the court below is no longer maintained in this point.

3. If so, the judgment of the court below is based on the above reasons for ex officio reversal, and the remaining crimes of the defendant as stated above are regarded as concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below shall be reversed in its entirety.

Therefore, the lower judgment is reversed under Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s assertion of unfair sentencing, and the judgment is again rendered as follows.

【Grounds for the Judgment of the court below which has been written] The summary of facts constituting a crime and evidence acknowledged by the court of this court is as follows: 1. Along with the addition of a defendant's trial statement in the item of "2018 High-Ma1090", it is the same as the corresponding column of the judgment of the court below. Thus, it is accepted as it is in accordance with Article

Application of Statutes

1. Criminal facts;

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