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(영문) 서울남부지방법원 2018.08.31 2017노1058
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. In full view of the circumstances that the lower court rendered on the grounds of sentencing (the Defendant committed the instant crime even during the period of repeated offense, the Defendant committed 20 or more violent crimes, and there are many identical criminal convictions among them, on the other hand, the degree of interference with the instant business, and the victim did not want punishment) and all the sentencing conditions specified in the instant records and arguments, the lower court’s sentence imposed on the Defendant is deemed appropriate, and is too unjustifiable, and thus, 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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