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(영문) 부산지방법원 2017.03.23 2016노4759
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.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (No. 1: imprisonment with prison labor for a year and two months, and the decision of the court below No. 2: imprisonment with prison labor for a period of four months) is too unreasonable.

2. We examine ex officio determination.

The defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to jointly examine the two appeals cases, and each of the offenses in the judgment of the court below Nos. 1 and 2 are concurrent offenses under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of punishment aggravated for concurrent offenses in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below is no longer maintained in this respect.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining each of the above grounds for reversal of authority.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the first and second judgment, 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, Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136(1) of the Criminal Act, the choice of imprisonment for a crime

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

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (aggravating concurrent crimes with the punishment stipulated by the crime of interference with the business of a victim P with the largest punishment) of the Act on the Aggravated Punishment of Concurrent Crimes (aggravating the punishment for concurrent crimes) is as follows: (b) the scope of business interference [a] the increased area (a year through three years and six months) (a person with a special aggravated punishment] (a person with a aggravated punishment] the second crime of the same type of repeated crime (a person with a aggravated punishment] the increased area (a property damage, etc.) [a person with a special aggravated punishment] the increased area (a person with a special aggravated punishment] (a person with a 3rd punishment for the same type of repeated crime (a person with a special aggravated punishment) [a person who interferes with the execution of public duties].

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