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(영문) 광주지방법원 2016.04.12 2016노337
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 (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment is that the defendant does not want the punishment of the defendant under an agreement with the victim D, limited company Korean sirens, and L, and that the degree of damage caused by the most serious criminal injury is somewhat minor due to the 10-day climatic base, etc., the sentencing factors favorable to the defendant.

However, victims G, I, andO are punished by the defendant.

In addition, even though one defendant is under suspension of execution due to the crime of damage to property, considering that he again committed each of the crimes of this case which is the same kind of crime, it is necessary to sentence sentence.

Considering the above facts and other factors, such as the Defendant’s age, sex, and environment, and the maximum limit of sentencing guidelines as seen in the instant case, are four months of imprisonment, the sentence determined by the lower court against the Defendant is deemed to be too heavy or unbrupted and unfair.

Therefore, the defendant and prosecutor's argument of sentencing is without merit.

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

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