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(영문) 수원지방법원 2015.12.18 2015노1488

업무방해

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of five million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. There are favorable circumstances such as the confession and reflection of the defendant, and the agreement with the victim at the original trial.

On the other hand, the fact that the defendant commits another crime in this case during the period of repeated crime due to the same criminal act, and that the defendant has many previous charges, etc. is disadvantageous.

In addition, considering various sentencing conditions such as the defendant's age, character and conduct, environment, criminal record, motive, means and consequence of the crime, degree of damage, and circumstances after the crime, the sentence imposed by the court below cannot be deemed to be too weak or unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act.