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(영문) 울산지방법원 2017.02.23 2016노93
업무방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In the case of the crime of interference with the business of this case by mistake of fact, the court below found the defendant guilty of the charge of this case, such as that the defendant did not receive money and did not intend to interfere with the business. In the case of the crime of interference with the business of this case, the judgment of the court below which found the defendant guilty of the charge of this case, such as that the defendant did not commit the crime

B. The sentence that the court below sentenced the defendant to the sentencing unfair is too unreasonable (2,000,000 won).

2. Reviewing the reasoning of the Defendant’s appeal ex officio prior to the judgment on the ground of ex officio determination, the records of this case revealed that the Defendant was sentenced to a two-year suspended sentence for six months of imprisonment with labor for a special property damage at the Daejeon District Court on December 24, 2015, and the judgment became final and conclusive on March 4, 2016, and the Defendant was sentenced to a two-year suspended sentence on April 1, 2016, a crime of obstructing the performance of official duties at the Ulsan District Court on April 1, 2016, a crime of obstructing the Punishment of Minor Offenses Act, a crime of obstructing the Punishment of Punishment of Minor Offenses Act, and a fine of KRW 30,000 on April 9, 2016.

If so, each of the above crimes in the holding of the court below is in a concurrent relationship between each of the above crimes for which judgment has become final and conclusive, Article 37 of the Criminal Act, and the punishment shall be determined by taking into account the equity between the cases to be judged at the same time in accordance with Article 39(1) of the Criminal Act. Therefore, the judgment of the court below

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed in accordance with the reasoning of the judgment below, on the ground that there is a ground for reversal ex officio as seen above, and the judgment below is again decided as follows.

【Grounds for the Judgment of the Daejeon District Court on December 24, 2015] Criminal facts and summary of the evidence recognized by the court below and summary of the evidence are as follows: "The defendant shall be suspended from the execution of imprisonment with prison labor for six months for the damage of special property in the Daejeon District Court on December 24, 2015.

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