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(영문) 서울남부지방법원 2017.10.27 2016노1754

업무방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the penalty (4 million won) imposed by the court below is too unfased.

2. Considering the circumstances alleged by the prosecutor on the grounds of appeal, such as the fact that the prosecutor committed the instant crime during the suspended execution period for the same kind of crime, the court below’s sentence imposed on the Defendant is deemed appropriate, and the prosecutor’s assertion is unreasonable because it is too unaffortunate and too unreasonable, in light of the circumstances alleged by the prosecutor on the grounds of sentencing (such as agreed with the victim, reflectivity, etc.) and all of the sentencing conditions shown in the records and arguments including the absence of change of circumstances after the court below.

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