beta
(영문) 춘천지방법원 강릉지원 2017.07.06 2017노87

업무방해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The sentence of the lower court (an amount of four million won) is too unreasonable.

B. Prosecutor: The lower court’s sentence is too unhued and unreasonable.

2. The judgment is against the Defendant, and the Defendant agreed with the victim.

On the other hand, the defendant was punished several times for violent crimes including interference with duties, and he again committed the crime of this case without being aware of it during the period of repeated crime due to interference with duties.

Considering such circumstances and other various sentencing conditions as the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, etc., the sentence of the lower court is too heavy or unreasonable, taking into account the circumstances after the crime was committed.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act: Provided, That the entry of the day of crime among the criminal facts of the judgment below is obvious that it is a clerical error

As such, Article 25 of the Rules on Criminal Procedure does not seem to exist, the phrase “ October 30, 2016.” of the 2nd sentence under Article 25 below among the criminal facts constituting the crime of the lower judgment shall be deemed to read “ October 29, 2016.” and the phrase “ October 31, 2016.” of the 2nd page “ October 30, 2016.”