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(영문) 수원지방법원 2018.11.19 2018노4448
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.

2. In addition to the circumstances favorable to the defendant, such as the fact that there are many persons who were punished for crimes of violence or threat of force after the main action of judgment, the fact that the defendant committed the crime of this case even though he was sentenced to a fine for obstructing duties and refusing to leave one time during the repeated crime period due to the crime of homicide by assault, etc., but at the same time, he committed the crime of this case. However, in addition to the circumstances favorable to the defendant, such as the fact that there is no change of circumstances that may add the sentence of the court below at the trial, there is no change of circumstances that are favorable to the defendant, such as the fact that the defendant's age, sexual behavior, environment, motive and circumstance of the crime, means and consequence of the crime, the circumstance after the crime, etc., the sentence of the court below is judged to be appropriate, and it is not deemed unfair because it is too unfford.

The prosecutor's improper argument in sentencing is without merit.

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

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