The judgment of innocence and the text of the judgment on part of the facts charged in relation to the commercial competition

Even if there is no proof of a crime with regard to part of the facts charged in relation to the ordinary competitive relation, if it is found that the defendant is guilty of other facts charged in relation to the ordinary competitive relation, it shall not be pronounced in particular in the text of the judgment.

Articles 40, 136, and 257 of the Criminal Act; Article 325 of the Criminal Procedure Act

Defendant

Defendant

Cheongju District Court (Law No. 3, 1959 delivered on December 3, 1959)

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The thirty-five days of detention days prior to the sentence of the original judgment shall be included in the sentence of the original sentence.

Provided, That the execution of a sentence shall be suspended for two years from the date the judgment becomes final and conclusive.

The defendant is a person whose maturity was at the Gun on July 15, 4291 in a short term;

1. On October 22, 4292, at around 9:00 p.m., at the market access square located in the voice group Samsung-gun Samsung, Samsung, Inc., one tree box (Evidence No. 1) in front of Nonindicted 1, who was adjacent to the mobile film team employees Nonindicted 1, was in front of the Dong office, and was in front of Non-Indicted 1, and was in front of Non-Indicted 1, she was in front of the Dong office, and was in front of Non-Indicted 1, and was in front of Non-Indicted 2, she was in front of the second part of Non-Indicted 2, who was named as the second part of Non-Indicted 2.

2. As the same 9:00 p.m. was unable to take part in about 10:0 p.m., Nonindicted Party 1 was invaded by 425 p.m. with a view to putting off Nonindicted Party 1, and incidental to a way to open a sloping door, thereby damaging the property of another person equivalent to 2,000 won at the market price.

The facts of the judgment of the court below with the exception of the degree of non-competence in the judgment of the court below, excluding the degree of non-competence in the judgment of the court below;

1. Statement on the same page as the ruling of the defendant in the party process and statement on the same page as the ruling of the defendant in the trial records of the original instance;

2. The description of each of the statements made by the witness, Nonindicted 3, 4, 2, 5, 6, and 7, which correspond to the relevant part of the judgment, in the preparation of a document handling affairs by the judicial police officer.

3. It can be recognized by taking account of the existing facts of five boxes, each of whom was seized, and the part of the judgment can be recognized by the statement in the Dong in the judgment of non-indicted 2 in the medical certificate of the doctor non-indicted 8's non-indicted 2. Thus, it falls under Article 257 (1) of the Criminal Act, Article 319 (1) of the same Act, and Article 366 of the same Act, and Article 366 of the same Act of the damage to property, so long as imprisonment is selected for each crime, so long as punishment is selected for each crime, it is a concurrent crime under the former part of Article 37 of the same Act, Article 8 (1) 2 and Article 50 of the same Act. Thus, from among one punishment period, 35 days of the number of detention days prior to the sentence of the judgment of the court below shall be included in the sentence of the defendant under Article 57 of the same Act, and the sentence of the defendant shall be suspended for two years from the day of the decision of the suspension of the sentence.

Of the facts charged in this case, with regard to Non-Indicted 1 and Non-Indicted 2, who had been in the process of a dispute between Non-Indicted 1 and Non-Indicted 9 as shown in the judgment of the court below, committed an injury to the police officer on the ground that Non-Indicted 1 and Non-Indicted 2, who had been in the process of a trial for the occurrence of a dispute between him and Non-Indicted 9, and who had been in the process of carrying out his official duties, and interfered with the performance of his official duties, it is difficult to recognize that the statement of each corresponding statement of Non-Indicted 2, 6, and 7 of the witness's written statement in the process of handling the affairs by judicial police officers is hard to recognize it, but in the comprehensive judgment of the evidence in the judgment of the court below, it is possible to recognize the fact that the person was injured under the circumstances same as the facts in the judgment of the court below. Accordingly, this point should be acquitted without the proof

Ultimately, since the main case of the defendant is recognized as well-grounded, the judgment of the court below is reversed and it is so decided as per Disposition in accordance with Article 364(3) of the Criminal Procedure Act.

Judges Hak Port (Presiding Judge)