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(영문) 서울동부지방법원 2014.08.29 2014노1011
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered against the defendant is too uncomfortable and unfair.

2. The judgment of the court below has some circumstances unfavorable to the defendant, such as where the defendant obstructed the restaurant business of the victim D while under the influence of alcohol and obstructed the performance of official duties by police officers called out after receiving a report, and the nature and circumstances of the crime are very poor. The defendant was sentenced to six months of imprisonment for obstruction of performance of official duties on May 9, 2012 and was released on June 28, 2013 during the execution of the sentence, and was sentenced on parole on August 2, 2013, and has been punished several times of violent crimes (one time of suspended sentence and a majority of fines) during the period of the parole, but the sentence of this case was inevitable because the defendant committed the crime of this case in the same time during the period of repeated crime, but there is no other unfavorable circumstance that the defendant committed the crime of this case, which was committed more than 70 times old and suffers from urology, and there is no other reason that the court below sentenced the defendant to the punishment of this case, such as the victim's personality and behavior and circumstances that are more favorable.

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. It is so decided as per Disposition.

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