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(영문) 의정부지방법원 2019.07.11 2018노2920
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing (a fine of one million won is imposed in the original trial);

2. The lower court determined a sentence by comprehensively taking into account the following circumstances and the matters stipulated in Article 51 of the Criminal Act. A person under way: A person under way has been punished twice for the same crime, even though having been already committed the instant crime: A mitigated person: (a) recognized the crime and reflects the wrong; (b) the victim want not to be punished; and (c) the Defendant was treated as the First Instance, First Instance, and alcohol dependence; and (d) from around 2007, the reason for unfair sentencing alleged by the Prosecutor in the trial is that the lower court had already taken into account when determining the punishment; and (c) the judgment of the lower court does not seem to have exceeded the reasonable scope of discretion.

In addition, there is no circumstance to determine that the conditions of sentencing were changed in the trial, so it is reasonable to respect the sentencing of the court below.

Therefore, the prosecutor does not accept the prosecutor's allegation of unfair sentencing.

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

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