(영문) 수원지방법원 2015.01.30 2014노6441 | 리걸엔진

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(영문) 수원지방법원 2015.01.30 2014노6441

업무방해등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The two-year imprisonment sentenced by the lower court (the first instance judgment against the Defendant) is too unreasonable.

B. The prosecutor (with regard to the judgment of the court below of the second instance), who is sentenced by the court below to a fine of KRW 3 million,00,000, imposed on the defendant, is too

2. Determination

A. As to the Defendant’s assertion of unfair sentencing on the judgment of the court of first instance, there are many previous and several defendants committed each of the instant crimes during the suspension period of execution due to the previous and previous crimes.

The recommended types of crimes for which sentencing guidelines are prepared shall be from six months to two years.

There is no new sentencing situation that should be taken into consideration in the trial, such as making a serious effort to recover damage.

In full view of all the circumstances leading to the sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, environment, the background and details leading to the instant crime, and circumstances after the crime, even if the Defendant considered the sentencing factors favorable to the Defendant, the first instance court’s sentence is too unreasonable.

B. As to the prosecutor’s allegation of unfair sentencing against the judgment of the second instance, the Defendants divided the instant crime.

Damage is relatively minor.

In addition, comprehensively taking account of the circumstances in which the Defendant was sentenced to two-year imprisonment with prison labor for the instant case as the instant court 2014Do6441 case in combination with the instant case, comprehensively taking into account the motive and background of the instant crime, the circumstances after the instant crime was committed, the Defendant’s age, character and conduct, and environment, and the sentencing conditions indicated in the instant records and pleadings, the sentence imposed by the second instance court is too un

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 and the prosecutor are without merit. It is

참조조문

-형사소송법 제364조 제4항

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