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(영문) 서울동부지방법원 2015.07.17 2015노400

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 eight million won) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. We examine all the claims of unfair sentencing by the Defendant and the prosecutor.

In light of the circumstances that can be considered in light of the following: (a) the Defendant committed the instant crime; (b) the Defendant was sentenced to imprisonment, a suspended sentence, and a fine more than 12 times for the crime related to violence; (c) the Defendant was sentenced to imprisonment with prison labor for eight months and a fine of two million won on January 3, 2013; and (d) the execution of the instant punishment was completed on April 13, 2014; (b) the Defendant committed the instant crime; (c) the Defendant committed the instant crime; (d) the Defendant did not exercise physical force; (d) the Defendant did not exercise physical force; (e) the Defendant was discharged; (e) the Defendant was detained for 32 days in the instant case; and (e) the Defendant was detained for 32 days in the instant case; and (e) the Defendant was suffering from depression; and (e) the lower court’s punishment is too heavy or unreasonable.

3. Accordingly, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit.