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(영문) 서울동부지방법원 2016.05.19 2015노1681
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible that the sentence (4 million won in penalty) imposed on the defendant is too unfased.

2. As to the grounds for appeal, the Defendant was sentenced to imprisonment with prison labor for a crime of interference with business around August 2012 and re-offendered during the period of repeated crime, and the Defendant has a variety of records of punishment for violent crimes, etc. that are disadvantageous to the Defendant.

However, examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below against the defendant is appropriate and its determination is not unreasonable.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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