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(영문) 서울중앙지방법원 2019.06.13 2019노870
업무방해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (one year of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. Unless the first instance court’s determination of sentencing is deemed to have exceeded the reasonable scope of discretion, or the first instance court’s determination of sentencing is deemed to have been inappropriate in full view of the newly discovered materials in the appellate court’s appellate court’s determination of sentencing, it is reasonable to respect the first instance court’s determination of sentencing, unless there exist circumstances such as deeming that

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, it is difficult to view that the lower court’s sentencing is too somewhat somewhat less or less than reasonable scope of discretion, in full view of the following: (a) there was no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data; (b) the Defendant was punished several times during the period of repeated crime; (c) the Defendant committed the instant crime against many victims; (d) the Defendant repeatedly committed the instant crime during the period of repeated crime; and (b) the reasons for sentencing revealed in the pleadings of the instant case, such as the degree of damage to victims; and (c) other factors such as the Defendant’s age, character and behavior, environment, motive for, and family relationship, details and method of, the crime; and (d) the

Therefore, both the prosecutor and the defendant's argument of unreasonable sentencing is without merit.

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

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