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(영문) 창원지방법원 2017.09.15 2017노2208
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The crime of this case is not likely to be committed by the Defendant by avoiding disturbance more than one hour from the place of window dressing so that the Defendant interfered with the victim’s window dressing business, and by openly insulting the police officer who called out to the scene, who cannot put him into the place.

The defendant has been punished several times due to violent crimes, etc., and in particular, the crime of this case has been committed again during the period of probation due to the crime of injury.

However, considering various sentencing conditions as shown in the records and arguments of this case, such as the confession and mistake of the defendant, the fact that the defendant made an agreement with the victim of the crime interfering with the affairs, the fact that the victim of the crime of interference with the affairs agreed smoothly with the victim of the crime of interference with the affairs, the treatment of the mixed uneasiness, depression disorder, the environment, motive and means of the crime, and the circumstances after the crime, etc., the punishment of the court below (amount to KRW 15 million) is too uneasable and unfair.

The prosecutor's assertion 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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