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(영문) 인천지방법원 2016.11.25 2016노3555
업무방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the defendant's punishment (a fine of KRW 10 million) declared by the court below is too unreasonable, and the prosecutor asserts that the above punishment is too uneasible and unfair.

2. We examine the reasoning of the judgment and the prosecutor together.

While there are favorable circumstances for the defendant, such as: (a) the defendant's mistake and reflects; (b) the victims and the police patrols agreed smoothly; and (c) the defendant has been subject to criminal punishment for the same kind of crime; and (d) the defendant committed each of the crimes of this case at once without being aware of the period of repeated crime due to the obstruction of performance of official duties, etc.; (b) there are unfavorable circumstances against the defendant, such as the defendant's age, character and conduct, environment, family relationship, criminal history, motive and motive, means, frequency of the crime; and (c) circumstances after the crime, etc., the sentence imposed by the court below is appropriate, and it is not recognized that the sentence imposed by the defendant is too heavy or unreasonable.

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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