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(영문) 서울동부지방법원 2019.10.31 2019노1041

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. A crime during the suspension of the execution of judgment, and a number of records of violence are disadvantageous to the defendant.

However, in full view of the following facts: (a) damage is relatively minor, agreed with the victims, and the defendant maintains a normal social life; (b) the prevention of recidivism is conducted by committing a crime; and (c) mental and physical treatment is conducted by itself; and (d) the court below’s sentencing against the defendant appears to have been determined appropriately by fully considering all the circumstances, including various sentencing grounds asserted by the prosecutor; and (c) there are no special circumstances to change the sentence of the court below.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.