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(영문) 울산지방법원 2013.12.13 2013노802
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the overall circumstances of this case, the sentence imposed by the court below (two years of suspended sentence for imprisonment with prison labor for four months and two years of suspended sentence) is too uneased and unreasonable.

2. Although there are unfavorable circumstances, such as the fact that the Defendant did not receive a letter from the victim, that the Defendant had been punished more than ten times due to the crime of interference with business, the crime of causing property damage, etc., the Defendant committed the instant crime by contingency under the influence of alcohol, that the Defendant’s mistake is against himself/herself, and that other conditions of sentencing, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, are considered as inappropriate, 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 as it is without merit. It is so decided as per Disposition.

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