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(영문) 부산지방법원 2016.10.06 2016노2875
업무방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

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

2. The defendant and the prosecutor's arguments are examined together.

The defendant led to each of the crimes of this case, and the fact that the defendant does not want the punishment of the victim by mutual consent with the victims in the original trial is favorable to the defendant.

However, the Defendant was sentenced one time to imprisonment with prison labor, two times as a suspended sentence, and five times as a fine. Among them, a considerable part of the punishment is a violent crime, and the Defendant was punished as a fine twice during the period of repeated crime without being aware of the fact that the Defendant was punished as a crime of assault during the same repeated crime, etc., and other circumstances, which are the conditions for sentencing as indicated in the records and arguments of this case, such as the Defendant’s age, character and behavior, environment, family relationship, means and consequence of the crime, are considered to be too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act since all of the appeal filed by the defendant

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