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(영문) 창원지방법원 2015.10.07 2015노865
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of two years of probation, probation, and community service order of 120 hours in ten months of imprisonment) imposed by the court below is unreasonable.

2. Although the Defendant, even in the past, committed each of the instant offenses even though he had been punished due to the crime of damaging public goods similar to the same type of crime, obstruction of performance of official duties, damage to property, etc., and the Defendant did not reach an agreement with the victim, he/she again committed each of the instant offenses. However, considering the favorable circumstances, such as the confession and reflect of the Defendant, the Defendant’s living under detention for a considerable period of time, and other favorable conditions of sentencing as shown in the records and arguments, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant offense, etc., the sentence imposed by the lower court cannot be deemed unfair,

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 on the ground that it is without merit. It is so decided as per Disposition.

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