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(영문) 서울남부지방법원 2018.08.17 2017노1602

업무방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (200,000 won in penalty) declared by the lower court on the gist of the grounds of appeal is deemed to be too unhued and unfair.

2. In full view of all sentencing conditions in the records and arguments of this case including the fact that the defendant had been punished two times for a crime of the same kind, and that the degree of damage caused by the crime of this case is not easy, but the defendant repents and reflects the mistake, and that the defendant was under mental and physical conditions due to alcohol addiction prior to the crime of this case, and that such mental and physical conditions might have an impact on the crime of this case, and that the defendant's father and wife would be able to protect this defendant and concentrate on the treatment of the defendant, and that all sentencing conditions in the records and arguments of this case, the sentence imposed by the court below is deemed appropriate, and it cannot be deemed unfair because it is too uneasible. Thus, the prosecutor's argument is without merit.

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.