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(영문) 수원지방법원 2016.10.21 2016노2984
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The fact that the Defendant, without any particular reason, interfered with the victim’s business, and did not agree with the victim up to the trial of the court, and that the Defendant has a record of criminal punishment several times, including the record of punishment for the same kind of crime. In particular, the Defendant committed the instant crime without being aware of the fact that he/she was sentenced to a two-year suspended sentence for a year of imprisonment due to a violation of the Child and Juvenile Television Protection Act, and without being aware of the fact that he/she committed the instant crime during the grace period.

However, in full view of the following circumstances: (a) the Defendant is recognized as committing the instant crime, and the Defendant appears to have reached the instant crime by contingency under the influence of alcohol; (b) the degree of interference with business appears to have not been serious; (c) the Defendant’s sentence of imprisonment, which was suspended, is somewhat harsh for the Defendant to serve as a prison term; and (d) other various circumstances that are the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime, the lower court’s sentence is deemed to be too unreasonable, and thus, the Prosecutor’s allegation of unfair

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

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