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(영문) 인천지방법원 2016.08.24 2016노2161
업무방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The judgment is a favorable circumstance that the defendant led to the confession of the crime of this case and reflects his mistake, and that there is no criminal record for the same kind of offense.

On the other hand, this case is an unfavorable circumstance that there is no change in circumstances to be reflected in the sentencing after the lower judgment was sentenced, such as: (a) the Defendant interfered with the duties of convenience stores, restaurants, and inn, by force on several occasions from Apr. 2015 to Oct. 27, 2015; (b) the period and frequency of the crime, such as intimidation against customers who are administered in the boarding house without any special reason; and (c) the fact that there is no change in circumstances to be reflected in the sentencing after the pronouncement of the lower judgment.

In addition, taking account of the following factors: Defendant’s age, sex, occupation and environment, motive and background leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is too heavy or unreasonable as it is deemed that the Defendant’s punishment is too heavy, and thus, Defendant and the Prosecutor’s assertion are without merit.

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

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