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(영문) 창원지방법원 2020.10.08 2020노1226

업무방해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. Defendant did not submit the grounds of appeal.

B. The sentence of the court below (a fine of eight million won) declared by the public prosecutor is too unhued and unreasonable.

2. According to the records on the defendant's appeal, on May 27, 2020, the defendant was sentenced to a fine of eight million won in accordance with the crime of interference with business in this court on May 27, 2020, and filed a petition of appeal on the same day. However, on June 16, 2020, the appellate brief was not filed within the lawful period for submitting the appellate brief (20 days) even when the defendant was notified of the receipt of the notification of the trial record

Although the defendant appears on the first day after the appeal is dismissed, the defendant asserts unfair sentencing by attending the court on the date of the first day after the appeal is dismissed, such argument is asserted after the deadline for submitting the appeal. Therefore, it cannot be a legitimate

(see Supreme Court Decision 201Do466, Mar. 10, 2011). Furthermore, even if examining ex officio the assertion on unreasonable sentencing, there is no illegality of unfair sentencing as alleged above in the lower judgment.

Therefore, a decision to dismiss an appeal by a defendant pursuant to Article 361-4(1) of the Criminal Procedure Act should be made, but as long as a decision to dismiss an appeal by a prosecutor is rendered as follows, an appeal by a prosecutor shall not be separately decided and a decision shall be rendered together

3. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the prosecutor’s assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the judgment of the first instance

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant committed the instant crime on the ground that the husband of the victim filed a complaint against himself/herself, which led to the commission of the instant crime on the ground that the husband of the victim complained of the instant crime, and demanding the victim to settle the account with 300 victims, etc.

E. The crime of this case was committed.