2016No1813 Interference with business affairs

A person shall be appointed.

Prosecutor

U.S.C. (A.S.) No. 500,000

Ulsan District Court Decision 2016Ma2396 Decided October 14, 2016

April 7, 2017

The prosecutor's appeal is dismissed.

1. Summary of prosecutor's grounds for appeal;

The punishment sentenced by the court below (the fine of five million won) is too uneased and unfair.

2. Determination:

The fact that the defendant has been punished several times for violent crimes, and that he committed the crime of this case even though he was under suspension of execution due to the obstruction of performance of official duties, and that he did not reach an agreement with the victim is disadvantageous to the defendant.

However, there is a favorable condition for the defendant, such as the fact that the defendant committed a crime and reflects the mistake in depth, and that it is difficult to view the degree of interference with business, which is the crime of this case, as the crime of this case, etc. In addition, comprehensively taking account of the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions stated in the arguments of this case, such as the circumstances after the crime, etc., the sentence of the court below is deemed reasonable and appropriate, and it cannot be deemed that it is unreasonable to deem that

3. Conclusion

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

The presiding judge shall move-type judge.

Judges Kim Jong-soo

Justices Kim Jong-soo