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(영문) 광주지방법원 2013.07.24 2013노1079
업무방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (a fine of five million won) is too unreasonable.

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

2. The judgment of the Defendant committed the instant crime that interferes with restaurant business by force without being aware of it during the period of the suspension of execution, even after having been sentenced to two years of the suspended sentence on September 1, 201 on three occasions or more after having been sentenced to imprisonment on September 1, 201 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes). The Defendant committed the instant crime that prevents restaurant business by force without being aware of it during the suspension of execution period. While the Defendant was under the unfavorable circumstances of the Defendant, other than the previous convictions, the suspended sentence once due to violence, etc., the Defendant led to the confession of the criminal facts, and reflects his mistake through the daily detention life during the period of the investigation, the Defendant did not have any criminal records, and the Defendant committed the instant crime by force on the part of the Defendant with no criminal records at the investigation stage, and the economic situation of the Defendant is not good.

In addition, considering all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, background leading to the crime of this case, circumstances after the crime, etc., the sentence imposed by the court below is deemed appropriate. Thus, the defendant and the prosecutor's assertion are without merit.

3. In conclusion, the appeal filed by the defendant 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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