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(영문) 인천지방법원 2016.10.07 2016노3074
권리행사방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant against the prosecutor (unfair form of punishment) is too unhued and unreasonable.

2. In light of favorable circumstances, such as the fact that the Defendant recognized the facts of the crime and is against the judgment, and the Defendant committed the crime of this case for raising funds at the restaurant operated by the Defendant, and there are some conditions to consider the circumstances. Meanwhile, the Defendant refused to appear at an investigative agency several times due to the instant case, and the Defendant’s assertion is without merit, in light of the circumstances such as avoiding summons from the investigative agency and the court even after the Defendant was arrested, and the injury was not recovered, and other unfavorable circumstances such as the Defendant’s age, character and behavior and environment, motive, means and consequence of the crime, etc., and the sentencing conditions indicated in the record, such as the Defendant’s age, character and behavior, and environment, and the motive and consequence of the crime. Thus, each of the Defendant and the prosecutor’s arguments 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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