(영문) 수원지방법원 2019.06.27 2018노8279 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2019.06.27 2018노8279

업무방해

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants is unreasonable as the respective sentence of the lower court against each of the Defendants is too uneasible.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the conditions of sentencing compared with the lower court on the grounds that new sentencing materials have not been submitted in the trial.

The reason for the termination of the contract was between the company that entered into the apartment management contract with the council of occupants' representatives to which the defendants belongs, and the defendant A requested the cancellation of the entrustment management contract and the dismissal of the chief of the management office as the chairperson of the council of occupants' representatives. The defendant B took part in the crime at the request of the defendant A and therefore there are circumstances to consider the circumstances of the crime; the defendant A recognizes and reflects the crime; the defendant A was an initial offender who has no record of crime; the defendant B was punished by a fine around 2001, and there was no record of force of the crime in light of all the circumstances and results of the crime in this case, including the circumstances after the crime, the age of the defendants, character and conduct, and various sentencing conditions shown in the records and arguments of this case, it cannot be deemed that the sentencing of the court below against the defendants exceeded the reasonable scope of discretion.

3. The prosecutor's appeal against the Defendants is without merit, and each of them is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

-수원지방법원 2019.05.13 2018노7039

-서울북부지방법원 2019.06.07 2019노490

-부산지방법원 2018.04.26 2018노346

-서울중앙지방법원 2020.06.11 2019노3231

-인천지방법원 2019.08.23 2019노588