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(영문) 광주지방법원 2015.12.08 2015노1862
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (a fine of 4 million won) is too unhued and unreasonable.

Judgment

On April 17, 2013, the Defendant was sentenced to four months of imprisonment with prison labor for a preliminary crime to the present residential building and fire prevention on April 17, 2013, and committed the instant crime during the repeated crime period after the enforcement of the sentence was completed on August 14, 2013, and was punished several times for the same crime.

However, the Defendant agreed with the victim, and the Defendant interfered with the duties of the victim by doing an act such as taking a bath and leaving his will. In full view of the favorable circumstances, such as the fact that the degree of power exercised by the Defendant is not much serious, and other factors of sentencing indicated in the records of this case, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, it cannot be deemed that the lower court’s punishment is too unreasonable

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is without merit.

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