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(영문) 광주지방법원 2019.08.28 2018노3806
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment (two-month imprisonment, one year of suspended sentence, and forty-hour alcohol treatment order) is too uneased and unreasonable;

2. In light of the circumstances properly explained by the court below in the reasons for sentencing, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the degree of interference with the business, and the fact that there is no particular change in the sentencing conditions in the trial compared with the court below, it is difficult for the court below to find the Defendant’s punishment too unjustifiable and unfair, and the prosecutor’s above assertion 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 ground that it is without merit. It is so decided as per Disposition.

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