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(영문) 수원지방법원 2015.07.14 2015노1163
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the gist of the prosecutor’s grounds for appeal (e.g., in a case where the Defendant was sentenced to a fine of KRW 1.5 million as an obstruction of performance of official duties at the Sung-nam branch of the Suwon District Court on July 11, 2007, and the records of criminal punishment due to a violation of the Punishment of Violences, etc. Act can be readily concluded that the Defendant did not repeat a crime, the sentence of the lower court that sentenced to a fine of KRW 2 million is too unreasonable.

2. In light of the following: (a) the Defendant’s mistake is against the judgment; (b) the Defendant committed the instant crime by drinking alcohol and contingently; (c) the victim expressed his intent not to have the Defendant punished; and (d) other various factors, including the motive and background of the instant crime; (b) the circumstances before and after the instant crime; (c) the degree of damage; and (d) the Defendant’s character and conduct and environment as indicated in the instant records and arguments, etc., the sentence of the court below is deemed unreasonable even if considering all the circumstances alleged in the grounds for appeal, given that the above argument is without merit.

3. The prosecutor’s appeal of conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there is no ground for appeal by the prosecutor.

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