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(영문) 춘천지방법원 2020.07.24 2020노189

업무방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). We examine in light of the foregoing legal doctrine.

The judgment below

There is no change of circumstances to consider the sentencing of the accused after the sentence.

In light of the circumstances, such as the nature of each of the instant crimes is bad, the favorable circumstances, including the fact that the Defendant was not subject to a fine once again due to the crimes committed against this case for approximately 25 years prior to the fact that there were no other criminal records, and the various sentencing conditions indicated in the records and arguments of the instant case and the reasons for sentencing the lower court’s judgment, even if considering all the circumstances asserted by the Prosecutor as the grounds for appeal, it cannot be deemed that the lower court’s sentence is unreasonable

Therefore, the prosecutor's argument of unfair sentencing is not accepted.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.