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(영문) 대구지방법원 2020.01.30 2019노1007
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 10 million) imposed by the lower court is too uneased and unreasonable.

2. The crime of this case committed by the Defendant, while under the influence of alcohol, prevents the restaurant business by means of putting the Defendant at a large level to the restaurant employee, exposing the literature, etc., and assaulting the victim A, which is the latter part of the crime, and the nature of the crime is not weak.

In addition, the defendant was sentenced to imprisonment with prison labor due to obstruction of performance of official duties and committed the crime of this case even during the period of repeated crime.

These points are disadvantageous to the defendant.

However, the victims do not want the punishment of the defendant by mutual consent with the victims.

The defendant recognized his mistake and reflects that he does not repeat again, and in particular, he complained of his behavior in order to care for his married couple during the trial process of this case.

Social ties are clearly established, and family members and branch members of the defendant also want to take the action against the defendant.

Considering this point in light of the circumstances favorable to the Defendant, and there are no special circumstances or circumstances that may newly be considered in sentencing after the sentence of the lower judgment, and comprehensively taking account of the following: Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, the sentence imposed by the lower court is too uneasible and unfair.

3. The prosecutor's appeal of 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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