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(영문) 부산지방법원 2017.12.01 2017노3588
업무방해등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal is that of the lower court’s punishment (one year of suspended execution in April, and five million won in fine).

2. In full view of all the conditions of the argument and the records of the instant case including the favorable circumstances (e.g., non-damage, confession, etc.) and unfavorable circumstances (e.g., the Defendant’s age character and character environment, motive means of crime, result of crime, and circumstances after crime, the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the 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 as it is without merit. It is so decided as per Disposition.

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