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(영문) 인천지방법원 2017.09.22 2017노2181
업무방해
Text

Defendant

The appeal by the prosecutor is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (amounting to KRW 6 million) against the Defendant (unfair sentencing) is too unreasonable.

B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. It is reasonable to judge that the Defendant committed the instant crime again during the period of repeated crime. However, even though the Defendant committed the instant crime under the influence of alcohol, considering the fact that the Defendant committed the crime under the influence of alcohol, and that the degree of interference with business is not severe, and that the injured party does not want the Defendant’s punishment, and other various circumstances, including the Defendant’s age, sexual and sexual behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s punishment is too heavy or uneasible, and thus the Defendant and the prosecutor’s assertion are without merit.

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

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