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(영문) 서울남부지방법원 2016.07.21 2016노84
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

1. A summary of the grounds for appeal was subject to a serious punishment in the original trial.

However, the court below submitted a written agreement at the court below, but it did not receive it well, making an appeal.

In other words, it will not be applied twice again, but it will be better to take the first place.

2. On June 29, 2016, the Defendant was sentenced to six months of imprisonment with labor for interference with business at the Seoul Southern District Court on the part of June 29, 2016 and became final and conclusive on July 7, 2016. Accordingly, the Defendant’s obstruction of business, which became final and conclusive on the part of the lower court’s judgment, in relation to each of the above crimes and the crime of interference with business, which became final and conclusive on July 7, 2016, should be sentenced to punishment for each of the crimes as indicated in the lower judgment in consideration of equity in cases where the judgment

In this respect, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

【Judgment Re-written] The summary of facts constituting a crime and evidence recognized by this court is identical to each corresponding column of the lower judgment, except for adding “The Defendant was sentenced to six months of imprisonment for a crime of interference with business at the Seoul Southern District Court on June 29, 2016 and the said judgment became final and conclusive on July 7, 2016” to the first head of the facts constituting a crime. Thus, it is citing it as is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), and Article 314 (1) of the Criminal Act (the point of obstructing duties and the choice of imprisonment with prison labor) concerning criminal facts;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, and community service order under Article 62-2 of the Criminal Act, protection and observation;

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