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(영문) 서울서부지방법원 2014.11.21 2014노1363
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence of the lower court (five million won of a fine) is too minor;

2. The judgment of this case is an unfavorable circumstance to the defendant, under the influence of alcohol, that the defendant interferes with the business by avoiding disturbance in the restaurant, and assaults the static landscape called out after receiving a report, and the nature of the crime is not good, and that the damaged landscape wants to be punished by the defendant.

However, there are circumstances favorable to the defendant, such as the fact that the defendant confessions, has no same kind of power, has agreed with the victim D of the crime interfering with business, and has committed contingent crimes, and there is no change of circumstances that may be particularly considered in the trial. In addition, in full view of all the factors of sentencing such as the motive, means, circumstances after the crime in this case, the defendant's age, character and conduct, the sentence of the court below against the defendant is appropriate.

3. Therefore, 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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