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(영문) 수원지방법원 2017.05.12 2016노4694
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (6 million won in penalty) is too unhued and unreasonable.

2. The Defendant had a record of criminal punishment for the same kind of crime several times, and, in particular, even though he/she was punished by a fine on two occasions during the repeated crime period for the same crime, he/she committed each of the crimes in this case without being aware of the fact that he/she again committed the crime, and that it seems that the risk of recidivism is high in light of the criminal records of the Defendant, etc., is disadvantageous to the Defendant.

On the other hand, the following points are favorable to the defendant.

The Defendant led to the confession of the facts charged in the instant case and divided his mistake.

The amount of damage caused by the instant fraud is not 15,000 won.

The Defendant agreed to compensate the victim for damages and smoothly with the victim.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, relationship with the victim, etc., 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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