logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.06.01 2017노357
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (one year of suspended execution on two months of imprisonment, and 40 hours of order to attend a course) is unreasonable because it is too unfasible.

2. The judgment of the defendant committed a disturbance between 20 minutes of the victim's main point of the victim of this case, such as taking a bath to the employee at the expense of calculating the drinking value, and the defendant received a report, and continuously commits a crime that obstructs the business, such as continuously committing sexual intercourse, even before the police officer called out after receiving the report, is not good, and the defendant has a majority of criminal records of identical violence.

However, in full view of all the conditions of sentencing as indicated in the pleadings, including the Defendant’s age, sexual conduct, family environment, etc., the sentence of the lower court is within the reasonable discretion, in full view of the following: (a) there are circumstances that can be taken into account the background leading up to the commission of the crime, (b) the degree of power exercised; (c) the victim did not want the punishment against the Defendant; and (d) the victim’s age, sexual conduct

It can not be seen as an unreasonable degree because it is too unfluened.

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.

arrow