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(영문) 창원지방법원 2018.04.12 2017노3488
업무방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (7 million won) is too unreasonable.

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

2. The fact that the judgment of the defendant recognized the crime of this case and reflected, the defendant agreed with the victim, and the victim did not want the punishment against the defendant is favorable to the defendant.

On the other hand, the fact that the defendant had been guilty of three or more times of business interference, or of 15 or more times of violence, and that the defendant repeats again during the suspension period of execution due to the obstruction of business is disadvantageous to the defendant.

Considering the motive and background of the instant crime, the Defendant’s age, sexual conduct, and environment, along with the aforementioned circumstances, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is deemed reasonable within the reasonable scope of discretion, and there are no other circumstances to deem that maintaining the same is unfair.

Therefore, each argument by the defendant and the prosecutor is without merit.

3. In conclusion, each appeal filed by the Defendant and the prosecutor is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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