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(영문) 수원지방법원 2018.01.26 2017노8713

업무방해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the reasons for appeal is that the defendant asserts that the punishment of the court below (four months of imprisonment) is too unreasonable, and the prosecutor asserts that it is too unfied and unfair.

2. The fact that the defendant recognized his mistake and agreed with the victim is contradictory to the defendant, and the fact that the defendant agreed with the victim is favorable to the defendant.

On the other hand, the fact that the defendant has been punished several times due to the same crime, and in particular, the fact that the defendant committed the crime of this case during the period of repeated crime is disadvantageous to the defendant.

Considering the above circumstances and the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to view that the lower court’s punishment is too heavy or unreasonable as it is too heavy in light of the sentencing conditions indicated in the record.

Therefore, the above assertion by the defendant and the prosecutor is without merit.

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