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(영문) 창원지방법원 2016.10.26 2016노1935
업무방해
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court against the Defendants (a fine of KRW 700,000) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the Defendants is too unhued and unreasonable.

2. We also examine the Defendants and the Prosecutor’s respective arguments on unfair sentencing.

The fact that the Defendants recognized their criminal acts, there is no record of punishment in excess of the same criminal record or fine to Defendant A and B, Defendant C is an initial criminal without any criminal records, Defendants’ criminal acts are considered for the public interest, such as environmental preservation in the region, and there are circumstances to consider the circumstances. In the trial, the fact that the victims expressed their intent to obstruct the Defendants’ wife is favorable.

Meanwhile, the crime of this case was committed by the Defendants in collusion with others to interfere with the victim's new construction work, and it is not good to the nature of the crime in light of the form of the act, etc., and the victim's new construction permission was revoked by Gohap-gun, but it is only a situation after the Defendants committed the crime.

In addition to the above circumstances, given the Defendants’ age, character and conduct, environment, motive, means, and consequence of the crime, various sentencing conditions as shown in the instant records and pleadings, such as the circumstances after the crime, it cannot be deemed that the lower court’s punishment is heavy or unreasonable.

3. In conclusion, all appeals filed by the Defendants and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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