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(영문) 인천지방법원 2018.02.22 2017노3207
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The appellate court’s judgment dismissing the public prosecution regarding the assault among the facts charged in the instant case, and sentenced the conviction regarding the rest of business obstruction, and only the prosecutor appealed against the guilty portion.

Therefore, since the dismissal part of the judgment of the court below against which the prosecutor and the defendant did not appeal is finalized, it is limited to the guilty part of the judgment of the court below.

2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (a punishment of imprisonment with prison labor for three months, one year of suspended sentence, one year of protection observation, and 40 hours of alcohol treatment lectures) is deemed to be too uneasy and unreasonable.

3. Determination of the instant crime is acknowledged that the Defendant’s act of committing the instant crime was committed even though the Defendant had been punished several times due to violent crimes, and the Defendant went to the instant crime even if he had a record of being punished several times.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the victim did not wish to punish the Defendant; (c) the victim did not have been punished by a suspended sentence; (d) the Defendant did not have any record of being punished in excess of the suspended sentence; and (e) the Defendant’s age, sexual conduct; (e) the motive, means, and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too unreasonable and unreasonable.

4. 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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