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(영문) 광주지방법원 2013.11.06 2013노2070
업무방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The fact that the defendant recognized his mistake and agreed with the victims of interference with business is favorable.

On the other hand, there are several criminal records of violence committed against the defendant, and in particular, on June 7, 201, after being sentenced to two years of suspended sentence on the grounds of obstruction of performance of official duties on the part of the defendant, the defendant committed each of the crimes of this case during the suspended sentence period. This case was committed by the police officers who interfered with their duties by avoiding disturbance from the main points of the victims and violence against the dispatched police officers over several times, and the case is disadvantageous.

In addition, considering the Defendant’s age, character and conduct, occupation and environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc., and the sentencing conditions indicated in the instant records and arguments, it is deemed that the lower court’s punishment is too heavy or unreasonable. Thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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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