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(영문) 수원지방법원 2014.05.01 2013노6270
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and eight hours of social service) is too unfased and unreasonable.

2. Since 1993, the Defendant was punished for the same or similar crime more than 12 times, there are no circumstances to consider the circumstances leading the Defendant to the instant crime, and the fact that the Defendant did not agree with the victim is disadvantageous to the Defendant.

However, considering the overall circumstances that include the confession of the Defendant to commit the instant crime and reflect it, the Defendant deposited KRW 700,000 for the victim at the original trial, the degree of damage caused by the instant crime is relatively minor, the Defendant did not have been sentenced to a fine or heavier punishment up to the present time after the suspended sentence was sentenced in 191, and the community service order was added at the original trial, and the Defendant’s punishment is deemed appropriate, and thus, the Prosecutor’s assertion is rejected.

3. Accordingly, 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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