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(영문) 대구지방법원 2019.07.19 2019노964
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. The judgment of the defendant has already been subject to two times of punishment including one time of suspended execution due to interference with the defendant's business, and this case interferes with the defendant's business by drinking alcohol without any particular reason, and thus, the defendant's desire for customers, etc. In light of the criminal quality and the defendant's alcohol dependence, there is a risk of repeating a crime, and the defendant was sentenced to two years of suspended sentence for one year of imprisonment with labor for special injury on July 26, 2018. It is recognized that the defendant committed the crime of this case during the period of suspended sentence.

However, it is also recognized that the defendant recognized the crime of this case and expressed his intention that the victim does not want the punishment of the defendant, that the victim expressed his intention that he does not want the punishment of the defendant, that the degree of damage is not severe, and that if the sentence is finalized in this case, the year of suspended execution should be additionally sentenced to more than one year. This seems to be very harsh for the defendant, and that the defendant shows his intention to medical treatment and rehabilitation for alcohol dependence.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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