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(영문) 부산지방법원 2018.01.26 2017노3651
업무방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (five million won in penalty) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. It is recognized that: (a) the Defendant and the Prosecutor’s respective arguments on the sentencing of the sentencing together with each other; (b) the Defendant not only had the record of fines, suspension of execution, and punishment for the same kind of duties, but also committed the instant crime without being aware of the period of repeated crime due to the obstruction of duties; and (c) the fact that the Defendant did not agree with the victim.

However, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions specified in the instant pleadings, such as the Defendant’s motive, means and consequence after the instant crime, the sentence imposed by the lower court is deemed appropriate, and is too heavy, or is too unreasonable.

Therefore, each argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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