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(영문) 서울중앙지방법원 2014.10.24 2014노1967
업무방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal by the Defendants (the penalty of KRW 2 million for each of the defendants A, C, and the fine of KRW 700,000 for each of the defendants B) is too unreasonable.

2. The Defendants committed the instant crime in a planned manner, such as preparing to prepare for smuggling on vinyl machine in advance, considering the circumstances unfavorable to the Defendants, and the fact that the Defendants led to the confession of the instant crime and against the mistake should be considered as favorable to the Defendants.

However, in full view of the following circumstances: (a) the lower court imposed a fine more reduced than the fine imposed by the summary order on all the Defendants taking into account the favorable circumstances that are favorable to the Defendants; (b) the fact that there is no circumstance or change of circumstances to be newly considered after the lower judgment; and (c) other circumstances that form the conditions for the argument and the sentencing specified in the record of the instant case, including the Defendants’ age, character and behavior, environment, the process, motive, means, and consequence of the crime; and (d) the circumstances after the crime, etc.

3. As such, the Defendants’ appeal is without merit. Thus, the Defendants’ appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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