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(영문) 서울남부지방법원 2015.11.12 2015노586
업무방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Ex officio determination

A. On May 8, 2015, even when the Defendant was served with the notification of the receipt of the trial records by this court, the Defendant did not submit the statement of grounds for appeal within 20 days from the deadline for submitting the statement of grounds for appeal, and there is no reason for appeal to be determined by this court since the petition

However, the following is determined ex officio as to the unlawful portion affecting the judgment below.

B. According to the evidence duly adopted and examined at the trial court, the defendant was sentenced to two years of suspended sentence for the crime of violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) at the Seoul Southern District Court on July 9, 2014, and the above judgment became final and conclusive on the 17th of the same month. As such, the crime for which judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of this case are determined by the sentence after examining whether to reduce or exempt punishment in consideration of equity and the case of concurrent crimes under Article 39(1) of the Criminal Act. Thus, the judgment of the court below was no longer maintained.

2. 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 after pleading.

[C] The summary of the facts constituting a crime and the evidence admitted by the court and the summary of the facts constituting a crime are as stated in the first written judgment of the court below. The first written judgment of the court below added "the defendant is a person who was sentenced to two years of suspended execution on July 9, 2014 to imprisonment with prison labor for a violation of the Punishment of Violence, etc. Act (collectively, Deadly, etc.) at the Seoul Southern District Court on July 9, 2014, and on the 17th of the same month, the above judgment becomes final and conclusive on July 17, 2014." The summary of the evidence is as stated in the corresponding column of the court below, except for the last written judgment (Seoul Southern District Court Decision 2014Ma152, Seoul Southern District Court

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