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(영문) 인천지방법원 2017.02.09 2016노2201

업무방해

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (Defendant A: fine of KRW 3 million; fine of KRW 4 million; imprisonment of KRW 4 months; suspended sentence of KRW 1 year; and community service time of KRW 40) is too unreasonable.

2. It is recognized that the Defendants led to the confession of crimes and reflects the mistake, there is no record of being sentenced to punishment exceeding the fine, and the victim F and police officers I do not want the punishment of the Defendants.

However, in full view of the following: (a) Defendant A interfered with the victim F’s business by leading up to his failure at the victim F restaurant; (b) Defendant C assaulted the police officers dispatched to the above date with his accomplice; (c) the nature of the crime is not good in light of the background and method of the crime; (d) the Defendants was sentenced to a fine for an violent crime; and (c) other circumstances that are the conditions for sentencing, such as the Defendants’ age, sexual conduct, motive, means and consequence of the instant crime; and (d) the circumstances after the crime, etc., the sentence of the lower court is too unreasonable.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.