logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.05.17 2019노625
업무방해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (one million won of a fine) imposed by the lower court is too unreasonable.

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

2. The lower court sentenced the Defendant to a fine of KRW 5 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

There is no circumstance that the lower court’s sentencing judgment exceeded the reasonable bounds of discretion, or that it is unreasonable to maintain the sentencing of the lower court, considering the following factors: (a) the Defendant had a large number of records of punishment for the same kind of crime and committed the instant crime during the period of repeated crime; and (b) the Defendant committed the instant crime in consideration of the favorable circumstances of the Defendant and the health status of the Defendant; and (c) the sentencing guidelines, etc. are deemed to have exceeded the reasonable bounds of discretion; or (d) the lower court’s sentencing judgment

In addition, considering the circumstances and results of the instant crime, Defendant’s age, character and behavior, environment, etc. after the instant crime, the sentence of the lower court is appropriate, and it is not deemed that it is too heavy or unreasonable.

Therefore, both prosecutor and defendant's assertion are without merit.

3. The appeal by the prosecutor and the defendant is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

arrow