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(영문) 대구지방법원 2017.07.13 2016노5527
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. The judgment below rendered the above sentence in consideration of the fact that the victim did not want the punishment against the defendant, the defendant shows his attitude of pening his mistake, and the defendant's employee is leading the defendant.

In full view of the circumstances taken into account as above and all other conditions of sentencing, including the Defendant’s age, sex, environment, background leading up to the commission of the offense, means and consequence, size of the offense, and circumstances after the commission of the offense, the lower court determined that the sentence imposed on the Defendant was reasonable, and that the lower court exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, as asserted by a prosecutor, the lower court’s sentencing cannot be deemed unfair as it is so far as it ought to be reversed.

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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