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(영문) 부산지방법원 2014.11.13 2014노3306
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s grounds for appeal (one year of imprisonment) of the lower court is too unhued and unreasonable.

2. In light of the fact that the Defendant had been punished for the same crime several times, and that each of the instant crimes was committed again during the period of repeated crime due to the crime of interference with business, etc., and that no agreement is reached with the victims or no recovery from damage has been made until the trial.

However, in full view of the following factors: (a) the Defendant has led to the confession of all of the instant crimes, and the degree of damage to each of the instant crimes is relatively heavy; and (b) other factors that may serve as conditions for sentencing, such as the Defendant’s age, character and conduct, motive, means and method of the instant crimes, and the circumstances after the instant crimes, the lower court’s punishment is too uneasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion 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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