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(영문) 대구지방법원 2017.09.08 2017노1418
업무방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below on the defendant (five million won in penalty) is too unhued and unfair.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. We also examine the judgment prosecutor and the defendant's respective arguments relating to sentencing.

The crime of this case is committed against the defendant several times, and the crime of this case is committed during the period of suspension of execution, and it is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the facts charged in the instant case and reflected, that the defendant would not repeat again, that is, the degree of power exercised by the defendant and the degree of obstruction of duties are relatively minor, and that the defendant agreed with the victim is favorable to the defendant.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, circumstances leading to the Defendant’s crime, means and consequence, and all the conditions of sentencing as shown in the instant records and pleadings, the lower court’s judgment exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible or unreasonable, or it cannot be deemed unfair because it is too unreasonable as the defendant asserts, so the prosecutor's and the defendant's above assertion are without merit.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all 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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