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(영문) 창원지방법원 2016.06.23 2015노3011

업무방해

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The defendant asserts that with respect to the punishment (1.5 million won) of the judgment of the court below as to the summary of the grounds for appeal, the defendant is too unfasible, and the prosecutor asserts that it is too unfasible and unfair.

2. The judgment is based on the following: (a) the Defendant led to the commission of a crime; (b) the primary offender is a favorable sentencing ground; and (c) the Defendant’s failure to agree with the victim for about 3 hours and 25 minutes to interfere with the victim’s work; and (d) the Defendant’s failure to agree with the victim is a reason for imposing unfavorable punishment.

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters on the sentencing indicated in the records and arguments of this case, the sentence of the lower judgment is deemed reasonable, and the Defendant and the Prosecutor’s assertion are without merit.

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