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(영문) 광주지방법원 2017.05.11 2016노1923
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.

2. The fact that the defendant was punished several times due to business obstruction, violence, etc., and that the defendant committed the crime of this case during the suspension period of execution due to the same kind of crime is disadvantageous to the defendant.

On the other hand, the following conditions are favorable.

The Defendant led to confession and reflect on the crime of this case.

The degree of interference with business is relatively minor.

The amount of defraudation caused by fraud is 27,000 won.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and other various sentencing conditions as shown in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too unfasible and it is not deemed unfair.

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.

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