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(영문) 부산지방법원 2019.07.26 2019노265
업무방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 was in the state of mental illness or mental and physical disability at the time of committing the instant crime. (2) The sentence of the lower court on unreasonable sentencing (a fine of KRW 12 million) is too unreasonable.

B. The lower court’s sentence is too uneasible and unfair.

2. Determination

A. In light of the background, method, and method of the instant crime committed by the evidence duly adopted and examined by the lower court, and the conduct before and after the instant crime, it does not appear that the Defendant had lost or weak ability to discern things or make decisions at the time of the instant crime.

Therefore, the defendant's mental disorder is not accepted.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the lower court, by taking into account the favorable and unfavorable circumstances of the Defendant, determined the Defendant’s punishment as above.

In the appellate court of this case, there is no change in the conditions of sentencing compared to the lower court, and in full view of the factors of sentencing revealed in the course of the pleadings in this case, it is not deemed that the lower court’s sentencing was either hot or unhued and exceeded the reasonable scope of discretion.

Each argument of unfair sentencing by the defendant and prosecutor is without merit.

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

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