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(영문) 인천지방법원 2019.07.19 2019노1298
업무방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Of the facts charged in the instant case, the lower court rendered a judgment of dismissal of prosecution against the Defendant on July 15, 2018 (2018 high group 2180), on September 4, 2018 (2018 high group 2725), on October 7, 2018 (2018 high group 3249) and on the insult of the Victim C (2018 high group 2513), and each judgment of conviction against the remainder of the facts charged.

However, only the prosecutor and the defendant appealed the guilty part, and the dismissal part was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (one year and six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

3. In light of the various sentencing conditions indicated in the records and arguments, such as the fact that the Defendant agreed with the victim J, K, and Intimidation of the offense of insult when the Defendant was in the trial, but the number of times of the crime was high, and the Defendant again committed a part of the crime of interference with business during the period of repeated crime, etc. after the execution of imprisonment sentenced to the crime of interference with business, etc. was completed, considering the various circumstances asserted by the Defendant and the Prosecutor as the grounds for appeal, it is difficult to deem that the lower court’s punishment is too heavy or too unreasonable.

4. In conclusion, the appeal filed by the defendant 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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