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(영문) 인천지방법원 2014.06.20 2013노3872
권리행사방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The fact that the defendant did not reach an agreement with the victim up to the trial court is disadvantageous to the defendant.

However, the court below, however, seems to have determined a punishment by fully considering the circumstances unfavorable to the defendant, and it seems that there is no change of circumstances that could vary from the judgment of the court below due to the fact that the defendant has committed the crime in this case, the defendant is consenting to and against the time of the crime in this case, the total amount of the principal of the loan as of September 13, 2013 is paid in considerable amount of KRW 770,000,000 and the defendant is able to repay the full amount in the future, and there is no record of punishment for the defendant as the same crime in this case, and there are other various sentencing conditions that are shown in the records and arguments, such as the defendant's age, character, environment, and circumstances before and after the crime, it is not unreasonable for the court below to have imposed the defendant too un

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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