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(영문) 광주지방법원 2017.06.28 2016노4869
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 (six months of imprisonment and three years of suspended execution) is too unreasonable.

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

2. Determination Doctrine, the fact that the victim wants to punish the defendant, etc. is disadvantageous to the defendant, and the fact that the defendant recognizes all of the crimes of this case is favorable to the defendant.

In addition, there is no change in the sentencing conditions compared to the original judgment, and considering all the sentencing conditions specified in the records and arguments of this case, the lower court’s punishment is too heavy or unfluent so that it cannot be deemed unfair. Thus, the above assertion by the Defendant and the prosecutor is 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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