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(영문) 서울남부지방법원 2017.05.12 2016노1255

업무방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to KRW 700,000) is deemed to be too uneasy and unfair.

2. There is a disadvantage to the accused, such as the fact that the accused can have criminal records related to violence and that the degree of the interference with business is not somewhat weak.

However, in full view of all the sentencing conditions shown in the records and arguments of this case, including the fact that the victim agreed smoothly with the victim, the defendant suffers from depression, the health of the defendant, and the fact that the defendant recognized the defendant's wrong and reflects the defendant's wrong, the sentence imposed by the court below is judged appropriate, and it does not seem unfair because it is too uneasible.

Therefore, prosecutor's assertion is without merit.

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