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(영문) 서울동부지방법원 2017.10.20 2017노218
권리행사방해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) asserts that with respect to the punishment of "six months of imprisonment and two years of suspended sentence" sentenced by the court below against the defendant, the defendant's person asserts that the above punishment is too unreasonable because it is too unreasonable, and that the prosecutor is too unfeasible and unfair.

2. In light of the following: (a) the reasoning of the judgment and the reasons for sentencing indicated in the instant argument and the record, in particular, did not reach an agreement with the victim; (b) the degree of damage caused by the instant case; (c) there were circumstances to consider the Defendant’s profits and the place of use; and (d) the Defendant’s primary crime without any criminal history, the lower court’s sentence does not seem to be unfair to the extent that it should be modified.

Ultimately, the defendant and prosecutor's improper argument of sentencing is rejected as it is without merit.

3. In conclusion, the appeal 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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