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(영문) 서울중앙지방법원 2014.06.20 2014노724
업무방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the Defendants’ grounds for appeal: Unfair sentencing

2. Determination on the grounds of appeal: ① the contents and circumstances of the instant crime; ② the degree of participation by each of the Defendants and the frequency of the instant crimes (in particular, Defendant C, B, and A conspired to prevent the instant crime with I, the principal offender, and the number of participants, and Defendant C, the intermediary delivery agent, and Defendant C actively participated in the instant crime, such as sending the answer to the applicant, and sending the answer to the applicant via text message). ③ Although all of the young university students at the time of the commission of the crime, there is little possibility of criticism in view of the fact that the Defendants could have become an unlawful act in a timely manner, ④ there is no change of circumstances that are different from the judgment of the court below, ⑤ the equity with the fines imposed by the accomplices, ⑤ the age and occupation of the Defendants, their family relationship, economic form, and other factors of the instant crime, as well as the overall circumstances of the instant crime, the following factors are determined in light of the following:

3. Accordingly, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit.

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