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(영문) 수원지방법원 2015.06.19 2014노6789
업무방해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 3,00,000 won of the lower court’s punishment (fine 3,00,000) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In addition, even though the defendant had been punished for a violent crime several times, he again committed the crime of this case, and the nature of the crime of this case is very poor in that he committed the crime of this case within the same repeated crime period.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime, thereby in depth, the victim agreed to the Defendant, and the Defendant did not want the punishment; and (b) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime; and (c) the lower court’s punishment is not deemed to be too heavy or unreasonable, and thus, the Defendant, his defense counsel, and the prosecutor’s respective arguments on unreasonable sentencing are without merit.

3. If so, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act since the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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