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(영문) 대구지방법원 2017.01.19 2016노2906
업무방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. The lower court dismissed the prosecution against the Defendants on the insult of the facts charged against Defendant B among the facts charged in the instant case, and convicted the Defendants of the remainder of the facts charged. The Defendants appealed only on the part of the lower judgment not guilty.

Therefore, the scope of this court's adjudication is limited to the remaining part of the judgment below except the dismissal of the above indictment.

2. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unreasonable for the lower court to render each sentence against the Defendants (a fine of three million won per each case).

3. The defendants recognized each of the crimes of this case and recognized their mistake, the defendants did not have any record of punishment for the same crime as the crimes of this case, nor had any record of criminal punishment exceeding the fine, and the defendants agreed with the victim in the original judgment are favorable circumstances to the defendants.

On the other hand, the fact that the Defendants’ liability for each of the instant crimes cannot be denied is disadvantageous to the Defendants.

Considering the above circumstances and other circumstances, such as the character, conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the lower court’s punishment against the Defendants is deemed appropriate as a punishment within the scope of the discretion of sentencing.

Therefore, the Defendants’ assertion is without merit.

4. In conclusion, the Defendants’ appeal is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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