beta
(영문) 전주지방법원 2016.10.21 2016노909

사기미수등

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The crime of this case is a situation unfavorable to the defendant, where the defendant is free from office 36 times in the city bus belonging to the victim company, and the defendant was found in the office of the victim company over three times and obstructed business by force, etc., and the crime of this case is not less vulnerable to the nature of the crime, and the defendant did not receive a letter from the victim company or did not reach an agreement, etc.

On the other hand, the fact that the defendant committed the instant crime in a state of mental disorder such as mental illness, etc. is relatively minor in total to 45,00 won, and the damage caused by the crime such as obstruction of business is not considered to have been serious.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the 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. It is so decided as per Disposition.