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(영문) 수원지방법원 2017.03.24 2016노6667
업무방해등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

except that from the date of this judgment.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is unreasonable because it is too unreasonable to apply the respective punishment (one year of imprisonment for the first instance and four months of imprisonment for the second instance).

2. On its own initiative, this Court held a concurrent hearing of each appeal case against the judgment of the court below, and since each of the above crimes committed in combination constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act for each of the above crimes. Thus, the judgment of the court below which sentenced a separate punishment against the defendant cannot be maintained as it is.

3. In conclusion, 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 in entirety and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act as to the crime, Articles 319(2) and (1) of the Criminal Act as to the choice of punishment (the violation of eviction), Article 311 of the Criminal Act (the point of insult), Article 314(1) of the Criminal Act (the point of interference with business), Articles 261 and 260(1) of the Criminal Act (the point of special violence) of the Criminal Act, Article 283(1) of the Criminal Act (the point of intimidation), Article 307(2) of the Criminal Act (the point of intimidation), Article 257(1) of the Criminal Act (the point of harm), Article 366 of the Criminal Act, and each choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the heavier punishment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act of the community service order [the scope of recommendations]: The first crime (special assault) of six months from six months to three years (limited to the crimes with sentencing guidelines set) shall be committed.

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