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(영문) 창원지방법원 2017.05.18 2016노3378

업무방해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (the penalty amounting to five million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. There is a favorable circumstance for the defendant, such as the fact that the defendant recognizes the crime and reflects it, and the victim seeks the prior wife under an agreement with the defendant.

On the other hand, there are unfavorable circumstances, such as the fact that the defendant had been punished three times or more due to the obstruction of business (two times or more of punishment) by the defendant, that the defendant committed the same kind of crime in the instant case since one year has not passed since he was released from the office by interfering with business, etc., that the defendant committed multiple violent crimes, such as punishment, etc., and that the defendant committed multiple violent crimes such as punishment, and that the defendant interfered with the victim's business during a short time, etc.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime, and various conditions of sentencing as shown in the instant records and pleadings, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. As such, the appeal filed by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.