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(영문) 서울동부지방법원 2019.05.16 2018노1674
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal (e.g., a fine of KRW 7 million) by the lower court against the Defendant is too uneased and unreasonable.

2. Comprehensively taking account of the fact that the Defendant received a letter from the victims and that the Defendant is against the victim, the lower court’s sentencing appears to have been appropriately determined by fully considering the various grounds for sentencing asserted by the Prosecutor, including the degree of damage caused by the instant crime and the Defendant’s criminal records, and there is no special circumstance to change the sentencing ex post facto. Therefore, the Prosecutor’s assertion of unfair sentencing is without merit

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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