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(영문) 인천지방법원 2015.05.21 2015노1168
업무방해등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the summary of the grounds for appeal, the prosecutor asserts that the defendant's punishment (one month of imprisonment and two hundred thousand won of fine) declared by the court below is too uneased and unreasonable, and the defendant asserts that it is too unreasonable.

2. We also examine the judgment and the Defendant’s assertion of unreasonable sentencing.

In full view of the following circumstances: (a) the Defendant is led to confession and is against the crime of interference with business; (b) the victims of interference with business do not want the Defendant’s punishment during the period during which the crime of interference with business was suspended; and (c) the Defendant’s age, character and conduct; (d) the motive, means and consequence of the instant crime; and (e) the circumstances after the commission of the crime, the lower court’s punishment cannot be deemed excessively

3. If so, the appeal by the prosecutor and the defendant 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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