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(영문) 서울동부지방법원 2020.06.18 2019노1806
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fines 6,00,000) is too unhued and unreasonable.

2. The fact that the defendant had a record of having been punished several times for the same crime, and that the defendant committed each of the crimes of this case during the same repeated crime period is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized and reflected each of the crimes of this case, and that the victims and the defendant agreed smoothly is favorable to the defendant.

In addition, in full view of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by taking into account the above normal relationship and the grounds for sentencing alleged by the prosecutor, and there are no special circumstances to the extent that the sentencing is changed ex post facto, so the Prosecutor’s assertion of unfair sentencing 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 ground that it is without merit.

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