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(영문) 광주지방법원 2018.07.04 2017노4711
업무방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (an amount of KRW 3 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In light of the following circumstances: (a) the Defendant was sentenced to the suspension of the execution of eight months of imprisonment for a special intimidation in 2015, and the Defendant was under the suspension of the execution of two years of imprisonment for a special intimidation in 2015; and (b) the Defendant committed the instant crime without being aware of the existence of a large number of violent force; (c) or (d) the degree of interference with the business of the instant crime appears not to have serious degree; and (d) the victim did not want the punishment

In addition, there is no change in the sentencing conditions compared to the original judgment, and considering all the sentencing conditions specified in the records and arguments of this case, the lower court’s punishment is too heavy or unfluent so that it cannot be deemed unfair. Thus, the above assertion by the Defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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