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(영문) 서울고등법원 2020.03.12 2019노2753
업무방해등
Text

Defendant

In addition, both the appeal by the person requested to attach an attachment order and the appeal by the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is unreasonable for the lower court to order the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) to place an employment restriction for three years with child and juvenile-related institutions and welfare facilities for the disabled, because the sentencing of the lower court is too unreasonable. 2) It is unreasonable for the lower court to order the Defendant to place employment

B. Prosecutor 1) The sentencing of the lower court on the grounds that it is unreasonable for the lower court to impose an order to disclose information on the Defendant, even though there are no special circumstances that would not disclose or notify the personal information of the Defendant, it is unreasonable for the lower court to have failed to issue an order to disclose information on the Defendant.

3. It is unreasonable for the lower court to dismiss the Defendant’s request for the attachment order of this case, even though the Defendant was highly likely to repeat the same sex offense.

2. Determination

A. The crime of this case on the assertion of unfair sentencing by the Defendant and the prosecutor is acknowledged as having committed the crime of this case during the period of repeated crime, even though the Defendant had a criminal record of multiple times of punishment due to the same crime, even though he had committed the crime of this case, by force, that the Defendant interfered with the victim’s business operation by force, and that he committed the crime of this case during the period of repeated crime.

However, considering the character, character and environment, motive, means and result of the crime of this case, the degree of tangible force of the defendant used at the time of the crime of this case, circumstances after the crime of this case, etc., the defendant and the prosecutor asserted in the trial of the court below all the circumstances, such as the defendant and the defendant's allegation that the defendant did not want the punishment of the defendant, that the defendant appears to have agreed with the victim, that the sentencing of the court below exceeded the reasonable scope of discretion, and that it is difficult to view that the sentencing of the defendant exceeded the reasonable scope of discretion.

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