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(영문) 울산지방법원 2016.12.02 2016노1722
업무방해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The lower court’s sentence (a fine of KRW 4 million, Defendant B: a fine of KRW 2 million) against the Defendants in the summary of the grounds for appeal is unreasonable as it is too uneasible.

2. In light of the time and contents during which the defendants interfered with the business of the victim's restaurant operation, the extent of interference with business is not easy, and the defendant A has been punished several times including the suspended sentence due to violent crimes, and the defendant B has been punished due to violent crimes, which are disadvantageous to the defendants; however, the defendants recognized the crime of this case and reflects the defendants; the defendants are deemed to have committed the crime of this case as a result of calculating the price under the influence of alcohol; the defendants are deemed to have failed to punish the defendants; the defendants did not agree with the victim; the defendants did not want the punishment of the defendants; the defendants did not have any other circumstances or changes in circumstances that are newly considered in sentencing after the decision of the court below was made; the defendants' age, character and conduct, environment, motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., the prosecutor's assertion in the above case is too inappropriate.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the 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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