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(영문) 울산지방법원 2017.03.23 2016노1830

업무방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. Unfavorable circumstances: The defendant has a large number of criminal records and has a number of same military records.

The defendant has committed the crime of this case without being aware of himself during the period of probation.

The extent of the power exercised by the defendant is relatively minor.

Considering all the circumstances in the arguments and records of the instant case, including the above unfavorable circumstances, favorable circumstances, the Defendant’s age, character and character environment, relationship with the victim, motive means of the crime, and the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

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