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(영문) 서울중앙지방법원 2018.11.23 2018노2274

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The appellate court’s sentence (the imprisonment of eight months and the fine of five hundred thousand won) is deemed to be too unhued and unreasonable.

2. Determination is an unfavorable circumstance, where the Defendant was sentenced to criminal punishment several times due to the crime of the same kind, such as interference with business, violation of the Punishment of Minor Offenses Act, etc. on March 19, 2015, and was released on March 21, 2015 by the Seoul Central District Court after being sentenced to six months of imprisonment with prison labor due to interference with business, which was committed by obstruction of business, etc. on March 21, 2015, and again again committed each of the instant crimes even though he/she was subject to a punishment due to interference with business, etc. during the period of repeated offense, even though he/she was subject to a punishment due to interference with

However, in full view of the fact that the Defendant appears to repent and reflect his behavior, the victim J and the original agreement was reached in the trial, and the said victim did not want to punish the Defendant, and the degree of interference or injury caused by the instant crime is not significant, and the Defendant’s old age, and all other circumstances that are conditions for sentencing, such as character and conduct, environment, motive, means and consequence of the instant crime, etc., the sentence of the lower court is too unjustifiable and unreasonable.

Therefore, prosecutor's assertion 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.

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