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(영문) 서울남부지방법원 2013.05.30 2013노525
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the reasons for appeal by the prosecutor is that the punishment of the judgment of the court below (the suspended sentence, suspended sentence: the fine of KRW 700,000) is too uneased and unreasonable.

In light of the contents that the defendant interfered with the victim's business, the circumstances after the crime are not good and the police station after the crime also have poor conditions such as avoiding disturbance.

However, considering the fact that the defendant, while under the influence of alcohol to the extent that he would be unable to well memory the situation at the time, would be able to avoid disturbance in the police station, that the defendant was unable to properly memory the crime immediately after the frank, but the defendant was found to have committed the crime, but the defendant's mistake was found to have been erroneous, the actual damage the victim suffered from the defendant's crime is minor, the defendant's negligence is being divorced, and the defendant raised his baby and raised his wife, and is living in an economically difficult situation, the defendant is in profoundly against the mistake, there is no power to commit the same crime, and there is no history of punishment for the last 15 years, and other various sentencing conditions as shown in the arguments in this case, such as the method of the crime in this case, background and conduct of the crime in this case, the defendant's age and character, occupation and family relationship, etc., the prosecutor's assertion is without merit.

Therefore, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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