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(영문) 수원지방법원 2017.04.21 2016노6188
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (the suspended sentence and the suspended sentence: fine of KRW 500,00,000) on the summary of the grounds for appeal is deemed to be too unhued and unreasonable.

2. The Defendant, even before committing the instant crime, appears to have claimed that prior to the instant crime, he/she would be able to file a claim to the Defendant regarding the issue, such as the repayment of the existing customer refund to the victim and the recipient store.

On the other hand, the following points are favorable to the defendant.

The defendant is the first offender.

The defendant seems to have committed the crime of this case in a contingent manner while he/she has a verbal dispute with the victim.

In the course of committing the instant crime, the Defendant committed the assault of the victim.

It seems that the degree of force exercised by the defendant in this case is relatively relatively relatively less, and the defendant did not focus on the degree of interference with business due to the crime in this case.

The court below seems to have determined the punishment in consideration of all favorable and unfavorable circumstances to the defendant.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, relationship with the victim, etc., various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the prosecutor’s assertion 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.

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