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(영문) 서울남부지방법원 2018.11.01 2017노2273
업무방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 5 million) is too minor or minor (a prosecutor) and disasting (defendants).

2. The Defendant acknowledges and reflects his mistake.

The Defendant agreed with the victim.

However, the defendant not only committed the crime of this case within the period of repeated crime but also committed the same and similar criminal records of 15 times in total, and thus, is highly likely to repeat the crime.

In addition, given the Defendant’s age, sex, career, family relation, environment, motive, means and consequence of the crime, circumstances after the crime, and criminal experience, all of the sentencing circumstances indicated in the instant records and arguments, the lower court’s punishment is not deemed to be too minor or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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