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(영문) 수원지방법원 2016.07.13 2016노1652
업무방해등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (i.e., the decision of the court below 1: imprisonment with prison labor for 10 months; (ii) imprisonment for 8 months) is too unreasonable.

2. We examine ex officio determination.

The first and second judgment against the defendant was rendered, and the defendant filed an appeal against it, respectively, and this court decided to hold a joint hearing of each of the above appeals cases.

Each crime of the first and second judgment against the accused shall be sentenced to one sentence in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below in 1 and 2 cannot be maintained as it is.

3. As such, the judgment of the court below Nos. 1 and 2 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 through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding parts of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 313(1) of the Criminal Act, Article 313(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, Article 136(1) of the Criminal Act (the point of interference with the performance of official duties), Article 260(1) of the Criminal Act, Article 141(1) of the Criminal Act (the point of violence), the choice of imprisonment for each sentence;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is against the defendant, and the victim L of the crime of obstruction of and damage to property in the first instance judgment does not want the criminal investigation agency to punish the defendant.

was stated.

However, since the defendant committed each crime including interference with the business of this case even though he was during the period of repeated crime due to interference with the business of this case, the crime is good.

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