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(영문) 의정부지방법원 2018.06.11 2017노3304
업무방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (the punishment of KRW 6 million) is too unreasonable.

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

2. The crime of this case is acknowledged that the Defendant committed the crime of this case even though he/she was sentenced to imprisonment with labor for one year on July 13, 2016 due to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Refuse Violence, etc.) on the Aggravated Punishment, etc. of Specific Crimes, since he/she committed the crime of this case in spite of the completion of the execution of punishment on April 24, 2017.

However, in full view of the following circumstances: (a) the Defendant recognized a mistake of the Defendant; (b) the victim is compensating for damages; and (c) the fact that the injured person does not want the punishment of the Defendant by agreement with the victim; and (d) there is no special circumstance or circumstance newly considered in the sentencing after the sentence of the lower judgment; (b) the Defendant’s age, sexual behavior, environment, motive and background of the crime; (c) the motive and process of the crime; (d) means and method of the crime; and (e) the circumstances after the crime, etc., which are the conditions for the argument and the sentencing indicated in the record of the instant case

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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