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(영문) 창원지방법원 2017.01.12 2016노2075

업무방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (five million won in penalty) of the court below is too unhued.

2. The judgment below's punishment is reasonable, since it is recognized that the defendant committed the crime in this case during the suspension period of execution due to the same kind of crime, while the defendant was found to have committed the crime in this case, it is recognized that the defendant's mistake was recognized and reflected, the degree of damage was minor, the victim agreed with the victim in the court below, and the victim wanted the defendant's wife in the trial, and other matters concerning the defendant's age, sexual behavior, environment, background of the crime, circumstances after the crime, circumstances after the crime, and other matters concerning the sentencing specified in the records and changes theory of this case are considered appropriate. Thus, the 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.