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(영문) 창원지방법원 2018.09.13 2018노962
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. In full view of all sentencing conditions in the records and arguments of this case including the circumstances that the court below rendered on the grounds of sentencing (the method of committing the crime of this case is not good, the crime of this case was committed during the repeated crime period, the fact that the victim does not want punishment against the defendant, and the fact that the victim does not want punishment against the defendant) and all of the sentencing conditions in the records and arguments of this case, the sentence imposed by the court below is judged appropriate, and it is not unfair because it is too unreasonable. Thus, the prosecutor's assertion is without merit.

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. It is so decided as per Disposition.

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