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(영문) 서울동부지방법원 2019.05.02 2018노1706
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The grounds for appeal (e.g., a fine of three million won) by the lower court are deemed to be too uneased and unfair.

2. The Defendant committed the instant crime in a short period after the completion of the execution of the sentence, which includes a number of criminal records including the same crime, as indicated in the instant argument and records, and the Defendant committed the instant crime. However, considering the fact that there is relatively minor damage caused by the instant crime and the victim’s letter of use, the lower court’s sentencing appears to have been reasonably determined by fully considering all the circumstances, including the multiple sentencing grounds asserted by the Prosecutor, and there is no special circumstance to the extent that the sentencing is changed ex post facto, and thus, the Prosecutor’s assertion of unfair sentencing is

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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