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(영문) 서울동부지방법원 2020.11.24 2020노134
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.

2. The fact that the defendant was punished for the same crime, and the defendant committed the crime of this case even during the repeated crime period is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case and opposed to it, and the victim does not want the punishment of the defendant is favorable to the defendant.

In addition, in full view of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by taking into account the above normal relationship and the grounds for sentencing alleged by the prosecutor, and there are no special circumstances to the extent that the sentencing is changed ex post facto, so the Prosecutor’s assertion of unfair sentencing 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 ground that it is without merit.

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