beta
(영문) 수원지방법원 2018.09.17 2018노3159

업무방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (for four months of imprisonment and one year of suspended execution) is too unfluent and unfair.

2. Taking into account the Defendant’s reflectivity, degree of tangible power exercise, record of the commission of the crime, and other various sentencing conditions indicated in the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s punishment is deemed reasonable and unreasonable as it seems unfair.

The prosecutor's improper argument in sentencing is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.