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(영문) 서울동부지방법원 2016.06.29 2016노280
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the reasons for appeal by the prosecutor is that the sentence of the court below which sentenced the defendant a fine of KRW 5,00,000 is too unless and unfair in light of the fact that the defendant had been punished for the same kind of crime over several times, and that it constitutes a repeated crime.

In addition to the above circumstances alleged by the prosecutor, the sentence of the court below, together with the above circumstances alleged by the prosecutor, will not prevent this error.

The type and quantity of punishment can be determined in light of all other circumstances that are conditions for sentencing, such as the Defendant’s age and environment, and the kind and quantity of punishment can not be deemed as unfair because it is too low.

Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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