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(영문) 울산지방법원 2013.11.15 2013노715
업무방해등
Text

The Prosecutor’s appeal against the Defendants is dismissed.

Reasons

1. In light of the substance of the grounds of appeal in this case, the sentence imposed by the court below on the Defendants (two years of suspended sentence of imprisonment for six months, including fines of five million won, etc., fines of eight million won, etc., fines of eight million won, and fines of three million won, etc., in case of Defendant G, etc.) is too unreasonable.

2. Each of the instant crimes committed by the Defendants was committed under the unfavorable circumstances, such as the Defendants committed each of the instant crimes, even though they had been punished several times due to the obstruction of business, injury or violation of the Punishment of Violences, etc. Act, the Defendants did not want to have any significant damage to the victims of the instant crime, and did not want to have any damage due to the damage to the victim company and Qu, U.R., and U.R., the Defendants did not want to punish the Defendants by comprehensively taking into account the following circumstances: (a) the Defendants interfered with the victim’s access control duties; (b) the Defendants interfered with the victim’s access control duties; and (c) the Defendants committed assault or injury; and (d) the Defendants committed each of the instant crimes, even if they had been punished several times due to the obstruction of business, etc., or the violation of the Punishment of Violences, etc. Act; and (b) the Defendants did not want to have any damage due to the destruction of the instant crime; and (c) the Defendants agreed in the lower court, as well as the following circumstances:

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

However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the fourth page of the judgment of the court below shall be applied ex officio.

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