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(영문) 인천지방법원 2017.07.21 2016노4039

업무방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.

2. The Defendant again committed the instant crime even though he/she had a record of punishment at least 20 times.

However, in full view of all the sentencing conditions of the defendant's age, sex behavior, environment, circumstances after the crime, etc., including the fact that the defendant delayed and reflects the defendant's mistake, that the victim did not want punishment by payment of 2 million won, that the victim did not wish to do so, and that the victim's economic damage is expected to have been recovered from the above agreement, etc., and all the sentencing conditions of this case, including the records and changes after the crime, do not seem to be unfair since the sentence imposed by the court below is too uneasible.

Therefore, we cannot accept the prosecutor's unfair argument of sentencing.

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