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수원지방법원 2015.07.03 2015노2678
업무방해등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Considering the defendant's age, character, environment, criminal records, motive, means and consequence of the crime, degree of damage, circumstances after the crime, etc., which are favorable to the defendant, such as the confession and rebuttal of the defendant, and the fact that the defendant interfered with the victim's business over several times in alcohol, and that the defendant has a large previous course of the crime, the punishment imposed by the court below cannot be deemed too somewhat less or unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act.