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(영문) 서울중앙지방법원 2017.12.14 2017노2708
업무방해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 5,000,000) is too heavy or (the Defendant) is too heavy.

2. The lower court rendered a fine of KRW 5,00,000 against the Defendant, taking into account the favorable circumstances, such as the fact that the Defendant interfered with the victim’s duties during the period of repeated crime and the fact that the nature of the crime is not good in light of the background and method thereof, the agreement with the victim, and the fact that the Defendant appears to have reached the instant crime contingently.

In light of the sentencing conditions acknowledged by the court below, since the sentencing of the court below seems to be within the reasonable scope of discretion, and there is no particular change in the sentencing conditions compared to the court below at the time of the trial, it cannot be deemed that the sentencing of the court below is hot or unhuable and unfair.

3. Conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit.

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