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(영문) 의정부지방법원 2017.09.28 2017노1884
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to KRW 10 million) is too uneasy and unreasonable.

2. On October 2, 2014, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Seoul Northern District Court (hereinafter “Seoul Northern District Court”) and was sentenced to a fine of the same kind in the instant case three times during the suspended sentence period, and again committed a violation of each of the instant duties even though he/she was sentenced to a fine of three times during the suspended sentence.

This is disadvantageous to the defendant.

However, in full view of various sentencing conditions in the records, including the fact that the defendant is recognized as a whole in the crime, the victims do not want the punishment of the defendant by mutual consent with the victims, and other various sentencing conditions in the records, such as the method of the crime, the circumstances after the crime, the circumstances after the crime, the age, the sexual conduct, and the environment, the punishment imposed by the court below is too uneasible and unfair.

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.

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