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(영문) 서울중앙지방법원 2020.01.31 2019노2163
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than two years, probation, 40 hours an order to attend a lecture for alcohol treatment, 40 hours an order to attend a sexual assault treatment lecture, 2 years an employment restriction order) that the court below sentenced is too unfasible and unfair.

2. The Defendant, at least 20 times before, and the instant crime was committed during the suspension period of execution due to the same kind of crime.

The victims of this case include high school students who are minors, so the crime is extremely poor.

The defendant did not agree with the victims.

However, the defendant suffered from chronic alcohol addiction and the crime of this case seems to have been committed under the influence of alcohol.

Although sexual crimes are often committed against the accused, sex crimes are first committed.

Taking account of all the above circumstances, it is difficult to readily conclude that the lower court’s sentence is excessively and excessively light beyond the reasonable bounds of discretion.

The prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the appeal is groundless

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