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(영문) 대전지방법원 2016.01.14 2015노3130
업무방해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s respective sentences against the Defendants (an amount of KRW 3 million) are too uneased and unreasonable.

2. The victim's punishment is sought by the victim; Defendant A again committed the crime of this case despite the fact that he had been sentenced to a fine for the same kind of crime in the case of Defendant A; however, Defendant A contributed to a certain extent to prevent the expansion of damage by acquiring labor union members and representatives at the time of the crime of this case; the time when the victim's production was suspended due to the crime of this case is relatively short; the victim's production result was achieved in excess of the production target on the day of this case; the victim's age, sexual behavior, environment, motive, means and consequence; and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendants' age, sexual behavior, motive, means and consequence before and after the crime, are comprehensively considered, it is deemed that the sentence of the court below against the defendants is too uneasible and unfair. The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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