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(영문) 서울북부지방법원 2019.05.03 2019노171
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of one million won) imposed by the court below on the defendant is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data to the Defendant in the trial, and the lower court did not seem to have exceeded the reasonable scope of discretion by comprehensively taking into account the factors revealed in the instant pleadings, including various circumstances considered in sentencing.

In particular, despite the fact that the defendant had been punished several times due to violent crimes, the court below seems to have sentenced the defendant to a relatively significant fine by taking into account the circumstances in which the victim does not want the punishment of the defendant.

As pointed out by the prosecutor, it is true that there is a doubt about the possibility of recidivism or the nature of the offense by the defendant, but it is not likely that the court below's decision which selected the prior wife of the fine in consideration of the specific circumstances confirmed by the defendant is extremely unfair.

3. In conclusion, the prosecutor's appeal 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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