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(영문) 창원지방법원 2017.07.13 2017노926
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (a fine of two million won) is unreasonable because it is too uneasible.

2. The judgment below committed each of the crimes of this case without any special reasons under the influence of alcohol, and there are several criminal records and criminal records obstructing the performance of official duties (in fact two times of punishment, two times of suspended sentence of imprisonment, and one time of fine), and the crime of destroying property has been committed by being sentenced to suspended sentence of imprisonment and eight days of punishment. However, considering all favorable reasons for sentencing, such as the confession of the crime by the defendant, the fact that the defendant is against himself/herself, the victims have agreed to provide support, and all other matters concerning the sentencing specified in the records and changes of the case, the punishment of the court below is judged to be appropriate, and there is no change in circumstances to be considered in the trial above, and thus the prosecutor's assertion has no 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.

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