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(영문) 대구지방법원 2018.07.05 2018노563

업무방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. Even when considering the fact that the defendant had a record of punishment for a large number of identical crimes in light of unfavorable circumstances, it cannot be deemed unfair for the lower court to have exceeded the reasonable bounds of its discretion or maintain it as it is, in full view of the favorable circumstances, such as the fact that the defendant appears to have led to confession and reflect against the defendant, and that the degree of assault in this case is not relatively heavy, and all other sentencing conditions, such as the defendant's age, sex, environment, circumstances leading to the crime, means and consequence, the scale and consequence of the crime, and the circumstances after the crime, etc., the prosecutor's above assertion is without merit (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.