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(영문) 서울남부지방법원 2020.02.06 2018노2395

업무방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of four million won) imposed by the lower court is too uneased and unreasonable.

2. There are no new circumstances or changes in circumstances that can be reflected in the sentencing after the court below sentenced the judgment.

Not only the defendant was punished for the same kind of crime, but also the period of repeated crime due to violent inclinations at the time of the crime of this case is disadvantageous to the defendant.

However, in full view of all the circumstances that are favorable to the Defendant, including the fact that the Defendant did not exercise specific tangible power in relation to the obstruction of business of this case, and the fact that the victim and the victim have reached an agreement smoothly with the victim, the sentencing of the lower court does not seem to be too minor beyond the reasonable scope of discretion, in view of the following circumstances, including the Defendant’s age, character and conduct, environment, relationship with the victim, motive means and consequence of the crime, and circumstances after the crime.

The prosecutor’s assertion of unfair sentencing is not acceptable.

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