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(영문) 울산지방법원 2020.10.30 2020노494

업무방해

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment (two million won of a fine) imposed on the defendant by the court below is too unhued and unfair.

2. Determination Doctrine, the Defendant had several penalty power due to the same kind of crime, and at the time of the instant crime, the Defendant was holding Macju World Cup, and the degree of the type of force exercised by the Defendant is disadvantageous to the Defendant.

However, the court below's punishment seems to be reasonable and appropriate, in full view of the following circumstances: (a) the defendant shows the attitude of recognizing and opposing the defendant's mistake; (b) the victim does not want the punishment of the defendant; and (c) the victim does not want the punishment of the defendant; and (d) the defendant does not have the ability to impose the punishment exceeding the fine; and (c) the defendant's age, character and behavior, environment, motive and circumstances of the crime, means and consequence of the crime; and (d) all the sentencing conditions stated in the arguments of the instant case,

Therefore, prosecutor's assertion is without merit.

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