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(영문) 울산지방법원 2017.04.13 2016노1706
업무방해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

The summary of the grounds for appeal that the court below sentenced the defendants to each punishment (the fine of two million won for each of the defendant A, D: the fine of two million won for each of the defendant B, and C: each of the fine of three million won for each of the above types) is too uneasable and unfair.

Judgment

In full view of the following factors: (a) the Defendants’ age and character environment; (b) motive and consequence of the commission of the instant crime; (c) relationship with the victims; and (d) the circumstances after the commission of the instant crime, including the fact that the Defendant had already withdrawn the complaint against the Defendants at the police investigation stage; and (c) the sentencing conditions indicated in the instant argument and the record are deemed unfair as it is too unfortunate to the Defendants’ punishment imposed by the lower court.

In conclusion, the prosecutor's appeal against the defendants is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal against the defendants is groundless.

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