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(영문) 수원지방법원 2017.10.20 2017노5426
업무방해등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. However, there are extenuating circumstances for the Defendant, such as recognizing the Defendant to commit the instant crime and breaking his mistake.

However, the crime of this case is not against the nature of the crime due to the defendant's scambling or taking a scam at the game room, the main place, etc., and the 112 report and the use of force to police officers dispatched after receiving the 112 report, etc., and the defendant has already been punished several times due to violent crimes, etc., and the defendant was arrested as a current offender on February 17, 2017 and was investigated and released, and again commits the crime of scam at the head of the next game and the main place after being arrested as a criminal, and again commits the act of scambling the scam in the game room even after being released on March 1, 2017.

In light of the above circumstances, considering various circumstances, including the Defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the lower court’s punishment is deemed appropriate and it cannot be deemed unfair because it is too heavy or unfasible.

3. According to the conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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