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(영문) 광주지방법원 2016.06.28 2016노1140
업무방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (six months of imprisonment) by the lower court, the Defendant asserts that the Defendant was too unfasible and unfair, while the Prosecutor appealed against the prosecutor that the punishment is too minor.

2. The judgment defendant was punished for 15 times or more as a violent crime, and was punished for interference with business on three occasions only, and committed another crime during the period of repeated crime for which 9 months have not passed since he/she was sentenced to imprisonment for six months or more as a result of interference with business and completed a prison life.

However, the defendant committed the crime of this case contingently, the degree of damage inflicted on the victim is not significant, and the victim does not want the punishment of the defendant.

In addition, considering the sentencing conditions in this case, such as the defendant's age, sex, environment, etc., the punishment determined by the court below against the defendant is not deemed to be unfair because it is too heavy or unbrised within the reasonable scope of discretion.

Therefore, the defendant and prosecutor's argument is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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