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(영문) 인천지방법원 2014.07.23 2014노1342
업무방해등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, this Court decided to hold a joint hearing of each appeal case against the judgment of the court below. Each of the offenses against the defendant in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any

3. According to the conclusion, the judgment of the court below is reversed ex officio under Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's grounds for appeal on the grounds of unfair sentencing, and the judgment below is also ruled again through pleading 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 quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 (1) and Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the reasons for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the facts that the defendant committed each of the crimes of this case within a short time after having completed the execution of imprisonment with prison labor, taking into account the following factors: (a) all of the conditions for the sentencing specified in the records and arguments of this case; and (b)

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