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(영문) 서울중앙지방법원 2014.02.20 2013노4274
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of KRW 100,00) is too unfeasible in light of the power that the Defendant had been punished several times due to violent crimes or the Defendant’s legal attitude, etc.

2. Although the prosecutor’s decision on the grounds of appeal is not acceptable, on the other hand, the circumstances alleged by the prosecutor as the grounds of appeal are not acceptable. On the other hand, in full view of the following circumstances: the defendant’s health status as an old age is bad, the defendant’s economic difficulty is poor, and the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other circumstances that form the conditions for sentencing as indicated in the present arguments and records, such as the defendant’s age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the prosecutor’s assertion

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

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