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(영문) 대구지방법원 2013.08.09 2013노1487
업무방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

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

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor together, the instant crime is an unfavorable circumstance, such as: (a) the Defendant, from time to time, threatened the victim who is able to kill himself; (b) damaged the victim’s property; (c) obstructed multiple businesses; (d) the Defendant repeated the same kind of crime despite the fact that the Defendant had been punished several times due to the same crime; (b) failed to reach an agreement with the victim; and (c) the victim wanted to punish the Defendant’s severe punishment.

On the other hand, there are favorable circumstances, such as the fact that the defendant committed the crime of this case in the first instance and recognized all of the crimes of this case, against his mistake, and that the defendant deposited 500,000 won for the victim in the first instance, and that the defendant transferred his residence, etc.

In this context, comprehensively considering all the conditions of sentencing, such as the Defendant’s age, character and conduct, environment, criminal records, and circumstances after the crime, the lower court’s punishment is too heavy or unreasonable. Therefore, each of the above arguments by the Defendant and the prosecutor are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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