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(영문) 광주지방법원 2017.07.12 2017노2070
업무방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

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

2. We examine the judgment. Each of the crimes of this case is a favorable condition for the defendant, such as the following: (a) the crime of this case was committed against another person; (b) the crime was committed against a police officer who lawfully performed official duties by taking a bath and assault; and (c) the crime was committed against each of the crimes of this case during the repeated crime period; (b) the defendant was committed against the defendant; (c) the defendant was committed against the victimJ; (d) the defendant agreed with the victim H and I, and deposited KRW 50,000,000 to the victim H and I, respectively.

In addition, there is no change in the sentencing conditions compared to the original judgment, and considering all the sentencing conditions specified in the records and arguments of this case, the lower court’s punishment is too heavy or unfluent so that it cannot be deemed unfair. Thus, the above assertion by the Defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Provided, That the application of the law of the judgment below is applicable.)

1. In the pertinent legal provisions and the choice of punishment for a criminal fact, the phrase “Article 316(1) of the Criminal Act” in the pertinent legal provisions and the choice of punishment is apparent that the phrase “Article 136(1) of the Criminal Act” is a clerical error in the context of “Article 136(1) of the Criminal Procedure Act. Therefore, the said provision shall

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