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(영문) 부산지방법원 2016.12.16 2016노3953
업무방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (2 million won of a fine) is too unreasonable.

B. The Prosecutor’s sentence of the lower court (2 million won of a fine) is too unhued and unreasonable.

2. Determination is an unfavorable circumstance, such as the fact that the Defendant did not take part in the instant crime even though he had been under the suspension of execution, that the Defendant had a record of leaving the pedals in the D cafeteria operated by several victims, that the Defendant was placed in his indictment prior to the suspension of indictment several times due to violent crimes, and that there was a previous conviction of a fine for a single time.

However, it is necessary to respect the judgment of the court below on the ground that there is no change in the conditions of sentencing compared with the court below because new sentencing data have not been submitted at the court below. In full view of the following factors: (a) the defendant reflects the crime of this case in depth; (b) the defendant was in the process of treating the crime of this case with a mental disorder due to a diver disorder, etc.; (c) the crime of this case resulted in a crime of this case; (d) the obstruction of business was agreed with the victim; (e) the recipient of basic living expenses was difficult to be a recipient of the crime of this case; and (e) the process and result of the crime of this case; (e) the circumstances after the crime; (e) the defendant’s character and behavior

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

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