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(영문) 제주지방법원 2018.05.03 2018노41
업무방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor for a violation of the duties set forth in the judgment of the lower court in the case of 2017 order.

Reasons

Of the facts charged in the instant case, the lower court rendered a judgment dismissing the public prosecution regarding assault and assault, and rendered a judgment of conviction as to the remainder of the facts charged. Since only the Defendant appealed to the conviction portion among the lower judgment, the dismissal portion of the public prosecution for which the Defendant and the Prosecutor did not appeal was

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

The summary of the grounds for appeal by the defendant is that the punishment sentenced by the court below (one year of imprisonment) is too unreasonable, but it is considered ex officio before determining the grounds for appeal.

According to the records of this case, the Defendant was sentenced to one year of suspension of execution on April 21, 2017 by interfering with business affairs in this court on April 21, 2017, and the judgment became final and conclusive on April 29, 2017. Thus, the crime of interference with business affairs in the judgment of the lower court 2017 High Order 3043, which the Defendant committed before the judgment became final and conclusive, is the crime of interference with business affairs in which the judgment became final and conclusive and the crime of interference with business affairs

Therefore, as to the crime of interference with the business of the court below 2017 order 3043 case, the court below should have separately decided a punishment by taking into account the case of interference with the business of the court below which became final and conclusive pursuant to Article 39(1) of the Criminal Act and equity in the case of the crime of interference with the business of the court below. The court below erred by misapprehending this, and since the above crime and the remaining crimes of the court below which the defendant committed after the above judgment became final and conclusive are all concurrent crimes under the former part of Article 37 of the Criminal Act, and sentenced to

Therefore, the judgment of the court below shall be reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314(1) of the Criminal Act provides that the provision of the relevant Act and the provision of a sentence shall interfere with the choice of a criminal case (each of them shall be applicable);

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