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(영문) 광주지방법원 2017.04.27 2017노892
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (over to eight months of imprisonment) is deemed unreasonable.

2. Each of the crimes of this case is an unfavorable circumstance where each of the crimes of this case was committed by the defendant who took a bath, avoiding disturbance, etc., obstructing the entertainment shop and singing room business, excluding female entertainment receptioners for about 15 minutes, insulting the police after receiving a report, and committing the crime of this case is not good, and the crime of this case was committed again during the period of repeated crime of interference with the same duties, violation of the Punishment of Violences, etc. Act, violation of the Punishment of Violences, etc. Act, and the crime of bodily injury, etc. was committed 23 times (9 times in actual sentence) and the majority of them committed the crime of this case, but they committed the crime of this case while being under drinking, even though they committed the crime of this case, even though they were not able to control impulse due to drinking.

However, the fact that the defendant recognized all of the crimes and divided the wrong facts, the defendant's intention not to repeat the crime in the future by beginning the aggressive impulses and alcohol dependence after the instant case, and the victim of the crime of interference with business and confinement does not want to punish the defendant.

In addition, comprehensively considering the defendant's age, sex, environment, family relationship, and circumstances after the crime, the sentencing of the court below is too uncomfortable and unfair.

The grounds for appeal are without merit.

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

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