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(영문) 부산지방법원 2018.08.31 2018노923
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to four million won) is too uneasy and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant has already been punished twice for the same kind of crime (one time of fine and one time of suspended sentence), and the Defendant committed the instant crime without being aware of the fact during the period of suspended execution of the same kind of crime.

However, it is advantageous to the fact that the defendant recognized the crime of this case and agreed with the victims, and the victims are seeking a preference against the defendant, and the degree of interference with the business of this case is not relatively much severe.

The court below appears to have sentenced the sentence of the court below in light of all the above circumstances, and there is no change in the sentencing conditions different from those of the court below in the first instance.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, etc., the lower court’s sentencing is determined to be appropriate, and the lower court’s sentencing is not deemed to be unfair as it is excessively uneasible, beyond the reasonable scope of discretion.

We do not accept the prosecutor's improper argument of sentencing.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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