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(영문) 울산지방법원 2013.11.15 2013노805
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds of appeal in this case, the sentence imposed by the court below against the defendant is too unhued and unreasonable.

2. Determination is based on the records of the same crime, including that the defendant was sentenced to imprisonment for 8 months on September 20, 2012 and imprisonment for 2 years on the same kind of crime. In particular, even though there are unfavorable circumstances such as the fact that the defendant committed during the period of the above suspension of execution, the defendant committed a crime during the above suspension of execution of execution of execution of this case, the fact that the defendant committed his mistake in depth, the fact that the above suspension of execution is invalidated after the final judgment becomes final and conclusive, and other sentencing conditions such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, the sentence imposed by the court below is deemed to be unfair, and therefore, the prosecutor's allegation of unfair sentencing

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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