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(영문) 수원지방법원 2017.11.17 2017노7205

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 (four months of imprisonment) is too unhued and unreasonable.

2. The lower court sentenced the Defendant to four months of imprisonment, taking into account the favorable and unfavorable circumstances for the Defendant.

When comprehensively considering the conditions for sentencing in the trial, especially the fact that the defendant agreed with the victim, the sentencing of the court below exceeded the reasonable scope of discretion when comprehensively considering the sentencing guidelines.

There is no circumstance that it is unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, considering the Defendant’s age, sex, environment, circumstances, and result of the crime, etc., the sentence of the lower court is appropriate, and it does not seem unfair because it is too unfasible.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.