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(영문) 서울동부지방법원 2021.01.21 2020노949
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended execution in six months of imprisonment, and eight hours of community service order) is deemed to be too unhued and unreasonable.

2. The crime of this case interferes with the opening of the opening of the financial institution of the victim, the transfer of the media of access to the account under the name of the defendant and the name of the corporation several times, and the nature of the crime is bad, and the use of the access media transferred by the defendant for the singing crime is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognizes the crime of this case and reflects the fact that there is no record of punishment for the same crime, and the fact that equity should be considered with the case where the judgment is judged concurrently with the crime of violation of the Act on the Punishment of Acts, such as brokerage, etc. of sexual traffic for which judgment becomes final.

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 fully considering the above normal relationship and the reasons for sentencing alleged by the prosecutor, and there are no special circumstances to ex post facto change the sentencing. Therefore, the Prosecutor’s improper assertion of 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 grounds that the appeal is without merit.

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