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(영문) 서울북부지방법원 2017.03.31 2016노2702
업무방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Defendant A is deemed to have a heavy punishment of the lower court

The appeal was lodged.

The judgment below

Since then there is no significant change in circumstances to consider the sentencing of Defendant A.

Defendant

Considering the A’s petition of appeal, statement of reasons for appeal, and other various sentencing factors indicated in the records of trial, the lower court’s punishment is heavy even considering the circumstances alleged by Defendant A.

subsection (b) of this section.

Defendant A’s appeal is dismissed without pleading pursuant to Article 364(5) of the Criminal Procedure Act.

2. Defendant B appealed on the ground that Defendant B was in the state of mental disorder at the time of committing the instant crime, that there was an error of misunderstanding of legal principles in the judgment of the court below, and that the punishment was unreasonable due to negligence.

However, there is no further specific reason for appeal by Defendant B.

Considering the various circumstances indicated in the petition of appeal, the statement of reasons for appeal, and other records of trial, Defendant B was in a state that he did not have or lacks the ability to discern or make decisions due to drinking at the time.

It can not be seen that there is no particular illegality in the judgment of the court below, nor can it be viewed that the punishment is unfair because the punishment is unlimited.

Defendant B’s appeal without pleading pursuant to Article 364(5) of the Criminal Procedure Act is dismissed.

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