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(영문) 부산지방법원 2017.09.29 2017노1839

업무방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an imprisonment for four months, two years of suspended sentence, two years of community service, 40 hours of alcohol treatment, 40 hours of alcohol treatment) is too unfluent and unreasonable.

2. Although the Defendant had several criminal records of violence, the Defendant’s failure to damage the property, frighting, and obstructing his/her business in a restaurant did not be disadvantaged. However, on the other hand, the Defendant’s mistake is against the Defendant, the damage amount is not significant, and the J, a victim D and a restaurant, expressed the Defendant’s intention not to punish him/her.

In addition, considering the various circumstances that are conditions for sentencing prescribed by Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, health, relationship with the victim, circumstances after the crime, etc., and the equity of punishment with similar cases, the lower court’s punishment cannot be deemed unfair because it is too unfasible.

Therefore, the prosecutor's improper argument of sentencing is without merit.

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.

참조조문