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(영문) 대전지방법원 2016.05.11 2015노3426
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (two years of suspended sentence for Defendant A, two years of suspended sentence for each one year of imprisonment with prison labor for Defendant B, and two years of suspended sentence for Defendant B) is too uneased and unreasonable.

2. The Defendants were at a disadvantage to the Defendants, such as the suspension of production process that is not related to a disaster-related accident and the occurrence of unexpected damage to the victims, the amount of damage is very large, and the Defendants did not recover from damage.

However, the Defendants demanded the preparation of measures to prevent safety accidents and, at the same time, appeared to have caused the instant crime to be committed in order to realize the workers in need of such measures, and there was a purpose to pursue personal benefits otherwise.

It is not visible that the defendants obtained special benefits from the crime of this case.

the victim's damage was recovered to a certain extent through the next additional work.

Considering circumstances, such as visible points, are also recognized.

In full view of the above circumstances and the Defendants’ age, sex, environment, motive, means and consequence of the commission of the crime, there is no special change in circumstances that make the sentence different from the original instance court’s sentencing conditions, such as the circumstances after the commission of the crime, the lower court’s punishment cannot be deemed unfair because it is too unfeasible.

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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