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(영문) 서울북부지방법원 2018.07.13 2018노644
업무방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unreasonable for the lower court’s punishment (defendant A: fine of one million won, and Defendant B’s imprisonment with prison labor of ten months).

2. Determination

A. Although there is no record of punishment for Defendant A after 1993, and the victim F expressed his intention not to punish the above Defendant at the investigation stage, considering the following: (a) there is no change in the actual damage to the victim F; (b) there is no special circumstance or circumstance that may be newly considered in sentencing after the decision of the court below; and (c) and all of the sentencing circumstances including the above Defendant’s age, sex, family relation, motive, means and consequence of the crime; and (d) there are no circumstances after the decision of the court below, the court below’s sentence imposed on the above Defendant cannot be deemed unfair, and thus, the above Defendant’s assertion is rejected.

B. Defendant B, who was sentenced to a suspended sentence of imprisonment for the crime of interference with the performance of official duties on June 201 and was sentenced to a sentence of 8 months for the same crime around December of the same year. In addition, the above Defendant appears to be in an attitude of not respecting the legal order of the State, such as fines on two occasions due to interference with the performance of official duties and fines on three occasions due to damage to public goods, etc., and thus, it is inevitable for the above Defendant to be subject to strict punishment. The above Defendant committed the instant crime during the period of repeated crime; the Defendant committed the instant crime during the period of repeated crime; there was no change in special circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment; and in full view of all the sentencing circumstances such as the age, sex, family relation, motive, means and consequence of the crime, and the circumstances after the crime, etc., the above Defendant’s assertion cannot be accepted.

3. The Defendants’ appeal is without merit, and all of them are in accordance with Article 364(4) of the Criminal Procedure Act.

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