beta
(영문) 광주지방법원 2014.10.29 2014노914

업무방해등

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. Although there is no agreement with the victims of the judgment, there are favorable circumstances, such as the fact that the defendant did not agree with the victims of the crime of this case, on the other hand, the defendant's mistake was recognized, and the criminal records of violence were only one time, but there was no record of criminal punishment for the last ten years, and there was no record of obstruction of performance of official duties for the past ten years, and the degree of obstruction of official duties for the crime of this case is not much serious. In full view of the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, environment, etc., the prosecutor's assertion has no merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.