logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.03.29 2018노7774
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of KRW 10 million) declared by the lower court is too unhued and unreasonable.

2. The fact that the defendant committed the instant crime during the suspension of execution due to the same crime is disadvantageous to the defendant.

On the other hand, the defendant is against the defendant, and the fact that the victim has cancelled the complaint by agreement with the victim is favorable to the defendant.

Taking into account all these circumstances, the lower court sentenced the Defendant to a fine of KRW 10 million.

There is no circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion when comprehensively taking into account the conditions of sentencing, the applicable sentencing guidelines, and the sentencing guidelines in the trial, or that it is deemed unfair to maintain the lower court’s determination of sentencing as it is.

In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is appropriate, and it is not recognized that the said sentence is unreasonable because it is too uneasible.

Therefore, prosecutor's assertion 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 ground that it is without merit.

arrow