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(영문) 대구지방법원 2020.01.10 2019노1822
업무방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We examine the reasoning of the judgment and the prosecutor together.

It is recognized that the defendant fully recognized the crime of this case and reflected against the defendant, and that the victim has agreed to pay 500,000 won to the victim.

However, the Defendant has already been punished once by a fine due to the crime of interference with business, and the Defendant has been punished 17 times in total, including five times of punishment for the crime of double-class crime. In particular, the Defendant committed the crime of this case during the period of repeated crime due to the crime of violation of the Punishment of Violences, etc. Act (organization and activity of organization, etc.).

In addition, comprehensively taking into account the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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