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(영문) 제주지방법원 2017.07.20 2017노245
업무방해
Text

The Defendants’ appeal is dismissed.

Reasons

1. The decision of the court below (Defendant A: Imprisonment with prison labor for 6 months and Defendant B: imprisonment with prison labor for 4 months) is too unreasonable.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and directness, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The Defendants appear in the attitude to recognize and reflect the instant crime. The Defendants agreed with the victim and agreed by the lower court did not want the Defendants’ punishment, and the victims want the Defendants’ wife at the trial. However, even if Defendant A was sentenced to eight months of imprisonment with prison labor on November 20, 2014 due to assault, etc., and on June 12, 2015, Defendant A did not appear to have committed the instant crime during the period of repeated crime, and Defendant A was sentenced to criminal punishment by force before and after the completion of the execution, and all of the instant crime committed by the lower court’s reasonable means and methods of crime, including assault and force, etc.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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