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(영문) 의정부지방법원 2018.11.12 2018노2509
업무방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

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

2. We also examine the judgment and prosecutor’s improper claims for sentencing.

The fact that all of the crimes of this case are recognized by the defendant and they are against depth, that the victim D is a person who is a principal, and deposited KRW 500,000,00 with the victim D as the principal, and that it seems that the health is not good due to the person with a mental disorder of grade 2.

On the other hand, each of the crimes of this case committed by the defendant is disadvantageous to the fact that the defendant interfered with the operation of the car page of the victim three times without any special reason, and that it is not good to form a crime of assault by the victim. In particular, the defendant committed each of the crimes of this case without being aware of the fact that he was sentenced to 6 months of imprisonment, 2 years of suspended execution, and 2 years of suspended execution due to special assault on January 9, 2018, etc., and committed each of the crimes of this case without being aware of the fact that he did not receive a letter from

In addition, comprehensively taking account of the Defendant’s age, sex, environment, circumstances after the commission of the crime, and all the sentencing conditions as shown in the records and pleadings, the sentence imposed by the lower court was proper and the lower court’s judgment exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the defendant asserts that the sentence imposed by the court below is too unreasonable or unreasonable, as the prosecutor asserts, it cannot be deemed unfair because it is too unfasible as the defendant asserts, so this part of the defendant and the prosecutor's assertion is without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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