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(영문) 광주지방법원 2017.04.12 2017노674
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 (the imprisonment of 6 months and the fine of 600,000 won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine the judgment, and there is a number of records of punishment for the defendant for the same kind of crime. Each of the crimes of this case is committed during the grace period after being sentenced to a suspended sentence for the same kind of crime, and there is a need to strictly punish the violence committed against the defendant as a policy.

On the other hand, the fact that the result of each of the crimes of this case is not serious, and the victim I and J do not want the punishment of the defendant is favorable to the defendant.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, circumstances surrounding the instant crime, and overall sentencing conditions as shown in the records and arguments, such as the circumstances after the instant crime, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, since the appeal filed by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 364(1)2 and Article 50 of the Criminal Act applies to the application of the law of the judgment below. The phrase "1. Aggravation of concurrent crimes: Aggravation of concurrent crimes: Article 37, Article 38(1)2 and Article 50 of the Criminal Act is obvious that it is a clerical error of "Article 37, Article 38(1)2, 3, and Article 50 of the Criminal Act." Thus, it is correct ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure.

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