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(영문) 인천지방법원 2019.09.20 2019노1925
업무방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The lower court dismissed the public prosecution as to the insult of the facts charged in the instant case, and convicted him/her of interfering with business.

However, the defendant and prosecutor appealed only the guilty portion of the judgment below, and since the prosecutor did not appeal the dismissal part, the dismissal part of the prosecution among the judgment below becomes final and conclusive, only the remaining guilty portion is subject to the judgment of this court.

2. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (four months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

3. In light of the various sentencing conditions shown in the records and arguments of this case, considering the circumstances asserted by the Defendant and the prosecutor as the grounds for appeal, the lower court’s punishment is too heavy or too unreasonable.

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

(However, pursuant to Article 25(1) of the Rules on Criminal Procedure, three pages of the judgment of the court below are as follows: "At the same time, the victim has openly insultingd the victim at the same time" (Article 25(1).

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