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(영문) 창원지방법원 2020.05.22 2019노2438
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of five million won) is too unhued and unreasonable.

2. The fact that the judgment defendant has already been punished several times, and even though he had the same criminal records, he/she again leads to the crime of this case is disadvantageous to the defendant.

On the other hand, it is favorable to the defendant for the following reasons: (a) the defendant was aware of and against the crime of this case; and (b) the victim did not want punishment against the defendant by agreement with the victim

In full view of the above circumstances and other factors of sentencing, such as the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, etc., the lower court’s sentencing against the Defendant is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion of unfair sentencing is without merit.

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

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