beta
(영문) 광주지방법원 2018.02.22 2017노1412

업무방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unfluent and unreasonable.

2. In full view of the following circumstances: (a) the Defendant had a criminal record of the same series of times; (b) the Defendant committed the instant crime without being aware of the fact that the Defendant was committed during the repeated period of violent crimes; (c) the Defendant committed a crime that was committed while suffering from alcohol ozone, etc., and the Defendant was voluntarily treated; and (d) the favorable circumstances, such as the Defendant’s age, sex behavior, environment, family relationship, circumstance of the crime, and circumstances after the crime, etc., are too uncomponed, and thus, it cannot be deemed unfair for the lower court to have committed the instant crime because the Defendant’s punishment is too unreasonable.

3. The appeal by the public prosecutor on the conclusion of the judgment is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.