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(영문) 대구지방법원 2014.07.17 2013노3902
업무방해
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendants are against the Defendants, the sentence imposed by the lower court on the Defendants (one year of suspended execution of four months of imprisonment, one year of suspended execution of one year of imprisonment, and five million won of fine) is too unreasonable.

B. In light of the fact that the prosecutor (defendant B)’s criminal nature is not good, the sentence imposed by the court below is too unfasible and unfair.

2. We also examine the Defendants and the prosecutor’s assertion of unfair sentencing.

The Defendants recognized all crimes and criticizes the mistake, and Defendant B took part in the crime of this case under the direction of Defendant A, and there are some circumstances to consider the process of the participation in the crime of this case, etc. in favor of the Defendants.

However, the crime of this case is an unfavorable circumstance to the Defendants, such as the fact that the Defendants actively involved and obtained a false certificate of completion of education by submitting a false certificate of completion of the subcontract approval of the Korea hydroelectric Energy Corporation, and the crime is not good in light of the background and method of the crime, etc.

In full view of such circumstances, the Defendants’ character and conduct, environment, motive, means and consequence of the crime, and the conditions of sentencing as shown in the records and pleadings, it cannot be deemed that the sentence imposed by the lower court is too weak or unreasonable.

Therefore, the defendants and the prosecutor's arguments are without merit.

3. As such, the appeal by the Defendants and the prosecutor is without merit, and 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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