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(영문) 인천지방법원 2017.10.13 2017노2316
업무방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (the amount of KRW 5 million) against the Defendant (unfair sentencing) is too unreasonable.

B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. In light of the circumstances favorable to the Defendant, the fact that the Defendant led to the confession of the Defendant, and that the Defendant agreed with the victim was sentenced to the suspension of the execution of official duties for six months in 2015, and the Defendant committed the instant crime during the grace period, taking into account the circumstances unfavorable to the Defendant, and taking into account various circumstances, such as the Defendant’s age, sex and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the assertion by the Defendant and the prosecutor is without merit.

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

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