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(영문) 제주지방법원 2017.01.19 2016노441
업무방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won penalty) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant ex officio, the number of offenses of obstructing and insulting the business of this case shall be examined.

Each of the facts charged in the instant case is that the Defendant insultingd the victim during the course of interfering with the beauty service of the victimized person by taking a bath in the “D” operated by the victim B from February 6, 2016 to December 17:12, 2016, by taking the victim’s obscing the victim’s obscing, taking the victim’s obscing the victim as a large level of care, and neglecting the happiness. Therefore, the Defendant’s insulting act constitutes a case where the elements for the crime of interference

Thus, the crime of interference with the business of this case and insult is in the relation of mutual concurrence.

Therefore, since the court below set the range of punishment by aggravated punishment for each of the above crimes, the court below did not err by misapprehending the legal principles on the number of crimes, which affected the conclusion of the judgment, and thus, it cannot be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as the corresponding columns of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order shows an attitude against each of the crimes in this case, and the defendant shows an attitude against him.

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