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(영문) 광주지방법원 2016.08.16 2016노135

업무방해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal, the Defendant alleged that the Defendant was too unfasible and unfair, while the prosecutor appealeded against each other by asserting that it is too unfasible and unfair.

2. The judgment of the defendant does not take three weeks after he/she was released from a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and committed the crime, and there are many records of the same violent crime.

On the other hand, the defendant agreed with the victim, and the degree of tangible power exercised by the defendant is relatively little.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, sex, and circumstances after the commission of the crime, the argument regarding the sentencing of the Defendant and the Prosecutor is difficult to accept.

3. As such, the appeal 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.