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(영문) 서울중앙지방법원 2015.10.08 2015노1965

업무방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of four million won) is too unhued and unreasonable.

2. As to the grounds for appeal of this case, the circumstances unfavorable to the Defendant, such as the means and result of the instant crime, the power that the Defendant was punished for a similar crime, and the need to punish the offense related to the infringement of public authority, are deemed to have been determined by the lower court. In full view of other circumstances revealed in the records and arguments of this case, including the Defendant’s age, career, character and conduct, environment, motive for the crime, and circumstances after the crime, the sentence imposed by the lower court is determined within the reasonable and appropriate scope, and thus, is not deemed unreasonable.

Therefore, prosecutor's assertion is not accepted.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.