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(영문) 서울중앙지방법원 2015.06.19 2015노1489

업무방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The punishment of the first instance court (one year of imprisonment, two years of suspended execution, and 120 hours of probation and community service order) which is too unhued and unreasonable;

2. The Defendant recognized that all of the crimes were committed, repented in depth, and tried not to repeat again.

Although the defendant has the same criminal records for the same victim, there is no criminal record exceeding the fine.

In addition, considering the age, character and conduct, environment and circumstances after the crime, all the sentencing conditions shown in the records and arguments, the first instance sentence is too unfortunate and is not unfair.

The prosecutor's assertion is without merit.

3. As such, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is reasonable.