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(영문) 서울동부지방법원 2013.08.22 2013노826
업무방해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (4 months of imprisonment) of the lower court is too unreasonable.

B. The prosecutor (e.g., imprisonment for four months) of the lower court is too uneased and unreasonable.

2. In light of the fact that the Defendant had been punished several times for the same kind of crime, and that the Defendant did not know himself during the suspension of execution and probation for the same kind of crime, and led to the instant crime, it is necessary to receive a serious punishment corresponding to the liability for the crime.

However, in full view of all the sentencing conditions, including the fact that the defendant is under investigation agency, the court below, and the court below's trial, and the defendant committed a crime against his mistake through confinement life up to the trial court, the degree of interference with the business of the crime of this case is not significant, the defendant is likely to support the elderly's father who suffers from dementia, the defendant must return the suspended term of punishment where the suspended execution that was sentenced before the decision of the court below became final and conclusive, and the defendant must return the suspended term of punishment, and other sentencing conditions such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., the defendant's sentence imposed by the court below is deemed to be appropriate, and it is deemed unfair or unreasonable. Thus, the defendant and the prosecutor's assertion of unfair sentencing are without merit

3. 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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