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(영문) 서울북부지방법원 2015.06.19 2015노413
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 6,00,000) imposed by the lower court is too uneased and unreasonable.

2. In full view of the following facts: (a) the nature of the offense is not somewhat weak; (b) the Defendant was sentenced to imprisonment by multiple times due to a violent crime; (c) the Defendant was sentenced to suspended sentence; and (d) the Defendant again committed a repeated crime during the period of repeated crime due to a violent crime; (b) the Defendant is led to confession; (c) the Defendant did not cause serious consequences; (d) the Defendant agreed with the victim at the lower court; and (e) the Defendant’s age, character and conduct, the background and consequence of the instant crime; and (e) the circumstances of all the sentencing indicated in the instant case, such as

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, according to Article 25 of the Rules on Criminal Procedure, the "E" of the judgment of the court below shall be changed to "K".

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