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(영문) 울산지방법원 2017.04.14 2017노216
업무방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (No. 1: Imprisonment with prison labor for 6 months, and fines for 3 million won) by each of the Defendants is too unreasonable.

B. The lower court’s sentence No. 2 of the Prosecutor is too unhued and unreasonable.

2. The judgment of this court concurrently examined the appeal cases against the Defendant against the first and second judgment. However, each of the judgment below is not related to concurrent crimes under the former part of Article 37 of the Criminal Act since the final and conclusive judgment was made between the date and time of each crime, and the punishment of the first judgment is imprisonment, and the punishment of the second judgment cannot be sentenced to a fine and a single punishment cannot be sentenced. Thus, each of the judgment below is examined separately.

A. As to the judgment of the court below 1, the Defendant committed the crime in a profound manner while committing the crime, and appears to have committed the crime by drinking, and the fact that the Defendant agreed with the victim of the crime of interference with business affairs is favorable to the Defendant.

Meanwhile, the Defendant committed the instant crime even though he/she had been punished several times as a violent crime, and committed the instant crime even during the suspension of execution due to the obstruction of performance of his/her duties, and the degree of interference with and insult of his/her duties, etc., which are disadvantageous to the Defendant. In full view of the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and all the sentencing conditions specified in the pleadings, such as the circumstances after the crime, etc., the lower court’s punishment appears to be within the reasonable and appropriate scope, and is unreasonable.

B. As to the judgment of the court below of the second instance, the following facts are favorable to the defendant: (a) the defendant committed a crime against the defendant while committing a crime; (b) the victim complained against the defendant by side with the prior wife; and (c) the crime of interference with the final and conclusive duties by a judgment having a relation of concurrent crimes after Article 37 of the Criminal Act (Pronouncement: 4 months of imprisonment and 1 year of suspended sentence).

On the other hand, the defendant several occasions.

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