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(영문) 서울동부지방법원 2019.09.05 2019노898
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unhued and unreasonable.

2. Considering the favorable sentencing grounds, including the fact that there are many kinds of crimes with the same kind of crime, and the fact that the crime is committed during the repeated crime period, the confession and reflects against the defendant, the attitude of the act, the fact that there is no weight in the form of the act, and the fact that there is an agreement with the victim interfering with the affairs of the case at the time of the trial, and other favorable sentencing grounds as indicated in the records and arguments of this case, the lower court seems to have been reasonably determined by fully considering all the circumstances including various sentencing grounds asserted by the prosecutor, and there are no special circumstances to the extent that the sentencing is changed ex post facto, so the prosecutor’s assertion of unfair

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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