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(영문) 창원지방법원 2018.01.31 2017노2484
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The crime of this case committed by the Defendant is not likely to be a crime of obstructing the hospital’s business by exercising violence while harming the doctor and the nurse in the emergency room of the hospital, and insulting the police officers dispatched upon receiving a report.

Defendant has been punished for the same crime, and in particular, committed each of the crimes of this case during the period of probation.

However, in light of the Defendant’s age, sexual conduct, environment, motive and means of the crime, circumstances after the crime, etc., as well as other various sentencing conditions specified in the records and arguments, such as the Defendant’s age, sexual conduct, environment, motive and means of the crime, etc., the sentence of the lower court (a punishment of KRW 5 million) is too unfeasible within the reasonable scope of discretion, and thus is unreasonable.

The prosecutor's assertion 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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