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울산지방법원 2019.05.17 2018노1324

All appeals filed by the defendant and prosecutor are dismissed.


1. Summary of grounds for appeal;

A. The judgment of the court below (the fine of KRW 5,00,000) against the defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The judgment of the Defendant committed another crime of this case even though there are many records of punishment for the same kind of business obstruction and violent crime, and in particular, on November 20, 2015, the Defendant was sentenced to two years of imprisonment for the crime of violation of the Road Traffic Act by this court, etc. on June 10, 2017, and did not know even though the execution of the sentence was completed, and did not know even though it was a repeated crime period, and did not commit the crime of this case for eight months or less, which is disadvantageous to the Defendant.

On the other hand, the court below's punishment seems to be reasonable and appropriate, and it seems that the degree of interference with business due to the crime of this case is not significant, and the victims do not want the punishment of the defendant, the victims and the defendant suffering from alcohol dependence after the crime of this case, and are hospitalized in a mental hospital and being treated for treatment. In full view of all the sentencing conditions of the defendant's age, character and behavior, environment, and circumstances after the crime of this case, etc., the court below's punishment cannot be deemed to be unreasonable or unreasonable.

Therefore, each of the above arguments by the defendant and prosecutor is without merit.

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. It is so decided as per Disposition.