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(영문) 창원지방법원 2016.12.08 2016노2730
업무방해등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Each of the crimes in the first instance judgment is committed in a state of mental disability due to obsession. 2) The sentence of the first lower judgment (two months of imprisonment) is too unreasonable.

B. Both parties asserts that the prosecutor is too unfasible with regard to the punishment (7 million won of fine) of the second judgment of the court below, and the defendant is too unfasible and unfair.

2. Judgment of the first instance court

A. In light of the contents of each of the crimes in this case, the defendant's assertion is without merit since it does not seem that at the time of the crime that the defendant had the weak ability to discern things or make decisions.

B. We examine the judgment on the assertion of unfair sentencing, the agreement between the victims, and the defendant's mother who will support the defendant, but it is recognized that the defendant is a crime during the period of suspension of execution, and the agreement is demanded to find out the place of crime during the period of suspension of execution, and interfere with the business. The defendant's continued to commit a similar crime after being sentenced to a fine in the judgment of the second instance, and the defendant has committed a crime of interference with business and multiple violent crimes, and all other matters concerning the sentencing as indicated in the records and arguments of this case are considered to be appropriate. Thus, the defendant's argument is without merit.

3. Judgment on the second judgment

A. We examine the prosecutor's assertion of unfair sentencing on the prosecutor's assertion of unfair sentencing, the defendant has multiple criminal records of the same kind, the defendant is recognized to have committed the crime of this case during the period of suspension of execution, but the defendant is led to confession and reflect, the degree of violence is not limited, and the defendant has reached an agreement with the victim D, and all other matters pertaining to sentencing as shown in the defendant's age, character and conduct, circumstances after the crime, and other records and arguments of this case.

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