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(영문) 창원지방법원 2020.09.17 2020노541
업무방해등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant (a fine of 6 million won) sentenced by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant repents and reflects his mistake; (b) the fact that the defendant agreed with the victim of the obstruction of business; (c) the fact that the crime of the same kind exceeds a fine; or (d) there was no record of punishment since 2007

However, as the Defendant, while under the influence of alcohol during the period of suspended execution due to a crime, interfered with the victim's restaurant business without any particular reason, and interfered with the police officers' legitimate performance of their official duties, the crime's nature is not weak, etc., which is disadvantageous to the Defendant.

In addition, considering all of the sentencing conditions in the instant case, such as the Defendant’s age, character, conduct, environment, circumstances, means and consequence of the crime, etc., it is not recognized that the lower court’s punishment is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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