logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2014.01.16 2013노342
업무방해등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. According to the records on the Defendant’s appeal, the Defendant filed an appeal against the lower judgment on July 24, 2013, but did not file the appellate brief within the lawful period for submission of the appellate brief even when he was notified of the receipt of the trial record by this court on October 24 of the same year (the period for filing the appellate brief, which was submitted on December 17, 2013, is later submitted), and the petition of appeal does not contain any indication of the grounds for filing the appeal, nor does the grounds for ex officio examination on the records occur

2. Judgment on the prosecutor's appeal

A. The judgment of the court below (the fine of KRW 3,00,000) is too unhued and unreasonable.

B. In full view of the fact that the Defendant did not commit each of the instant crimes with personal purposes, and the Defendant’s age, character and conduct, environment, motive and circumstances leading to each of the instant crimes, and the circumstances before and after the instant crime, etc., the lower court’s sentence cannot be deemed unreasonable as it is deemed unreasonable.

3. In conclusion, the defendant's appeal shall be dismissed by decision in accordance with Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is determined as above, the defendant's appeal shall also be dismissed by decision, and the prosecutor's appeal shall be dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

arrow