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(영문) 광주지방법원 2017.04.26 2016노2267

업무방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (the imprisonment of six months, the suspension of execution of two years, the observation of protection, the attendance of lectures for alcohol treatment, the community service hours of 120 hours) is too unfluent and unreasonable.

2. In light of the following: (a) there is no particular change in the sentencing conditions compared to the lower court’s determination; and (b) there are various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment seems unfair. Therefore, the Prosecutor’s aforementioned assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the prosecutor’s appeal is without merit. It is so decided as per Disposition by the court below (Article 62(1) of the Criminal Act and Article 60(3) of the Juvenile Act on the ground that the phrase “5. Suspension of Execution” under the law of the court below is obvious that it is a clerical error in the “Article 62(1) of the Criminal Act: Suspension of Execution : Article 62(1) of the Criminal Act.” Thus, the phrase “Article 60(3) of the Juvenile Act” is deleted. The part of “6. observation of protection and community service order and community service order” is obvious that it is a clerical error in the “6. Protection, observation and community service order and lecture order”, and the phrase “order to attend education” is added, and it is ex officio correction under Article