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(영문) 창원지방법원 2017.09.27 2017노1287
업무방해
Text

Defendant

The appeal by the prosecutor is dismissed.

Reasons

1. Improper sentencing for each of the reasons for appeal;

2. The lower court, under the circumstances that the Defendant had five or more violent criminal records (including the previous criminal records of suspended execution in 2014), determined a sentence by comprehensively taking into account the favorable circumstances that the Defendant reflects the Defendant, and that the victim did not want the Defendant’s punishment, and comprehensively taking into account the following factors: the Defendant’s age, sex, environment, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

The sentencing conditions mentioned above have changed in the trial of the court.

There is no reason to see the above sentencing, and when comprehensively considering the fact that the court below’s punishment is too heavy or it is unreasonable to see it as it is unreasonable.

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit. Thus, each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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