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(영문) 울산지방법원 2016.05.26 2016노60
업무방해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the lower court on the Defendants (a fine of KRW 3 million against Defendant A, and a fine of KRW 1.5 million against Defendant B) is too uneased.

2. Although the nature of the crime does not be mitigated in light of the content and circumstances of the crime, the period of the crime, and the degree of damage, the Defendants are deemed to have committed the crime, and the Defendants are against themselves. The Defendants agreed with the victim in the trial process of the lower court, Defendant B did not have the same criminal record, Defendant B was dismissed due to the instant case, and other various sentencing conditions as shown in the records and arguments, such as the Defendants’ age, sex, environment, and circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too uneasible and unfair.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the Prosecutor’s appeal against the Defendants is without merit. Thus, the Prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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