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(영문) 대구지방법원 2017.05.18 2016노4832
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfased in the sentence (2,00,000 won in penalty) declared by the lower court.

2. As pointed out by the Prosecutor, as the Defendant committed the instant crime even during the period of suspension of execution due to interference with official duties, there is a high possibility of criticism against the Defendant.

However, after the crime of this case was committed, the victim was not punished against the defendant at the first police investigation stage. On July 6, 2016, the victim agreed with the defendant, and submitted a written application for coal three times thereafter, and considering the following factors: (a) the degree of power exercised by the defendant is relatively minor; and (b) other sentencing conditions specified in the argument of this case, such as the age, sex, family environment, criminal record relation, etc., the sentence imposed by the court below is deemed appropriate, and it is deemed unfair because it is too unreasonable. Thus, the prosecutor's above assertion 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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