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(영문) 대구지방법원 2019.10.11 2019노3060
업무방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (six months of imprisonment) is too unreasonable.

(A) The argument of mental or physical disability has been withdrawn.

The above-mentioned sentence imposed by the court below on the defendant is too unfortunate and unfair.

2. We examine the reasoning of the judgment and the prosecutor together.

It is recognized that the defendant recognized the crime of this case and against the defendant, the degree of damage caused by obstruction of business of this case is not much serious, the fact that the court below agreed with the victim, and that the family members and branch members of the defendant want to take the action against the defendant.

However, it is also recognized that the Defendant has already been punished 11 times in total, including three times of punishment due to the crime of interference with business, and committed the instant crime during the period of repeated crime not even one month after release.

In addition, comprehensively taking into account the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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