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(영문) 광주지방법원 2018.09.13 2018노537
권리행사방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (four months of imprisonment and one year of suspended execution) is too unfluent and unfair.

2. In light of the method of this case, the amount of damages, etc., the fact that the nature of the crime is not less and less than that of the crime, and that most of the damages have not yet been recovered is disadvantageous.

On the other hand, the fact that the defendant recognizes and reflects his mistake, and that the defendant does not have the same criminal record is favorable.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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