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(영문) 춘천지방법원 강릉지원 2018.08.30 2018노255
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 (unfair sentencing) is too unreasonable because it is too unreasonable for the Defendant (eight months of imprisonment) to be sentenced.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. The Defendant paid KRW 500,00 for the victim E, and agreed with the victim I.

The defendant's mistake is divided.

However, without any particular reason, the Defendant assaulted the victim E and interfered with the victim I's main business, and was arrested under suspicion of interference with the business of the victim I, and was released, the Defendant immediately sought the main points of the victim I, and was interfering with the business of the victim I, which is a bad thing for the Defendant to commit a public performance and obscene act toward the victim and the police officers.

The defendant has a record of being suspended from execution due to violent crimes, and in particular, the defendant committed a crime using five violence or force including this case only in 2018, and it seems that the defendant's attitude of law seems to be serious.

In full view of such circumstances as well as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime was committed, the lower court’s punishment against the Defendant is too heavy or unreasonable.

3. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeals filed by the Defendant and the prosecutor are without merit. It is so decided as per Disposition by the lower court (Article 364(4) of the Criminal Procedure Act on the grounds that it is obvious that the appeal filed by the Defendant and the prosecutor is a clerical error in the name of “Seoul High Court Decision 2:45, Apr. 20, 2018.”

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