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(영문) 창원지방법원 2016.06.21 2016노764
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (7 million won in penalty) of the court below is too unfluent.

2. The judgment follows: (a) the defendant had the same criminal records; (b) the defendant committed the instant crime during the period of probation due to the same kind of crime; and (c) the fact that the victim of the offense of insult did not agree with the victim G is a disadvantageous reason for sentencing; (c) the defendant led to the confession of the offense; and (d) the fact that the defendant is against the victim D of the crime of interference with duties and

The Prosecutor’s assertion is without merit, given that the judgment of the court below is reasonable, in light of the above sentencing factors comprehensively considering the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing as indicated in the records and arguments of this case.

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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