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(영문) 의정부지방법원 2013.05.16 2013노128
업무방해
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (the suspended sentence of a fine of KRW 500,000) is too unreasonable.

B. The sentence imposed by the Prosecutor is too uneasible and unreasonable.

2. In light of the circumstances where the Defendants raised an objection for the procedural problems related to the re-election, the Defendants were going to act identical to the facts charged while raising an objection, and there are grounds to consider the motive thereof. The Defendants were first-offenders or have no previous criminal record, the Defendants led to a criminal act in the first instance trial, and their mistake is being divided in depth, which are favorable to the Defendants, and even if the Defendants alleged problems exist, they should be corrected through legitimate procedures, and there is a need to punish the Defendants in light of the fact that there are many disputes surrounding the representatives' meeting of apartment occupants or the election of the representatives, and there is a need to prevent the recurrence of similar crimes. Considering the sentencing of the Defendants by taking into account all the factors leading to the crimes, including the background leading up to the crimes, the age, character and conduct of the Defendants, the Criminal Procedure Act, and the circumstances after the crimes, etc., the lower court’s sentence against the Defendants is deemed to be reasonable, and thus, the Defendants and the prosecutor’s assertion as to it is not unreasonable.

3. If so, each appeal by the Defendants 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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