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(영문) 창원지방법원 2020.05.15 2019노2422
업무방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (a two-way) asserts that the Defendant is deemed to be unfair because of the fact that the lower court’s punishment (a fine of three million won) is too unreasonable, and that the prosecutor asserts that the lower court’s punishment is too uneased and unreasonable.

2. Determination is an unfavorable circumstance that the Defendant committed the instant crime during the period of repeated crime, and that there are several criminal records related to violence.

On the other hand, there are favorable circumstances such as the fact that the defendant reflects the mistake, the fact that the defendant appears to be a contingent crime, and the agreement with the victim.

In full view of these circumstances and all of the sentencing conditions expressed in the instant argument, it cannot be deemed that the lower court’s punishment is too heavy 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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