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(영문) 수원지방법원 2016.11.30 2016노3772

업무방해

Text

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

Reasons

1. The decision of the court below on the summary of the grounds of appeal (the fine of two million won, the fine of one million won, and the fine of one million won) is too uneased and unreasonable.

2. On the other hand, Defendant A was punished for violent crimes seven times, and Defendant B also served six times the period of punishment for violent crimes.

However, the defendants recognized the mistake and reflect it.

There is no criminal offense of violence exceeding fine against the Defendants.

In addition, when comparing the sentencing conditions stated in the records and arguments of this case and the reasons for sentencing of the judgment of the court below, even if the prosecutor asserts as the grounds for appeal all, the court below’s sentence cannot be deemed as being too unjustifiable, and thus, the prosecutor’s allegation of unfair sentencing

3. According to the conclusion, since the prosecutor’s appeal against the Defendants is without merit, it is dismissed in entirety pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.