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(영문) 창원지방법원 2018.10.17 2018노1734
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing the sentencing of the gist of the grounds for appeal (the sentence of the lower court: a fine of two million won);

2. Determination

A. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

B. The lower court, in light of the favorable circumstances, under which the Defendant led to the confession and reflect of each of the instant crimes, and the victim did not want the punishment against the Defendant by agreement with the victim, determined a sentence by taking account of the Defendant’s age, sexual conduct, environment, motive and means of the instant crime, circumstances after the crime, etc., as well as various sentencing conditions as shown in the records and arguments, such as the fact that the Defendant committed each of the instant crimes during the period of suspension of execution of the same crime.

(c)

The reason for the court below's improper sentencing, as claimed by the prosecutor, seems to be the reason for the court below's determination of the defendant's punishment, and the above conditions of sentencing changed otherwise.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and 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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