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(영문) 창원지방법원 2016.10.19 2016노1704

업무방해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (7 million won of a fine) imposed by the lower court is too unreasonable.

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

2. The defendant and the prosecutor's arguments are examined together.

All of the crimes of this case are recognized and reflected by the defendant, and the extent of damage of the victims due to the crime of this case is not a significant part, and the extent of damage is more favorable.

On the other hand, the crime of this case was committed by the Defendant at the main point in the management of the victim on April 25, 2016, and was committed with the damage of property and assault, and was obstructed by finding the victim again on May 16, 2016. The crime of this case was committed with the insult of the police officer in mobilization. Although there were many records of punishment for the same kind of crime, the Defendant again committed the crime of this case during the period of repeated crime, and the Defendant did not reach an agreement with the victims.

In full view of the above circumstances and the Defendant’s age, character and conduct, family environment, motive and circumstance of the crime, the means and consequence of the crime, and other various circumstances, etc., the sentence imposed by the lower court cannot be deemed too heavy or less severe.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.