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(영문) 서울중앙지방법원 2017.05.26 2016노3114
업무방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant 1’s deliberation (4 months of imprisonment) is excessively unreasonable.

(b) The first deliberation type by the Prosecutor is too unhued and unjust;

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In such a case, there is no change in the conditions of sentencing compared to the first instance court since no new data on sentencing have been submitted at the appellate court, and there is no change in the conditions of sentencing compared to the first instance court. In full view of the various circumstances, including the Defendant’s criminal history, age, sex, environment, motive, means, and consequence of the crime, etc., the first instance judgment is deemed appropriate, and it does not appear that the first instance judgment goes beyond the reasonable scope of discretion by being too heavy or unhued.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. If so, the appeal 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.

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