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(영문) 광주지방법원 2018.06.21 2017노4165
업무방해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (2,00,000 won) of the lower court is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of this case is an act that interferes with the duties of medical personnel engaged in medical practice in an emergency room under the influence of alcohol by the defendant, and is a bad in the nature of crime.

The defendant has a record of criminal punishment of a fine of up to three million won by obstructing the police officer from engaging in the police officer's business on June 2009, with a suspended sentence of two years, and by obstructing the police officer's business on December 2012.

On the other hand, the following conditions are favorable.

Defendant is led to confession and reflect on crimes.

The victims do not want to punish the defendant.

Since the crime of this case is one of the concurrent crimes with the criminal records of the judgment of the court below which became final and conclusive under Article 37 of the Criminal Act, the equity in the case where the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act shall be considered.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor and the Defendant’s assertion are without merit, on the grounds that the lower court’s punishment is too weak or unreasonable.

3. The final prosecutor and the defendant’s appeal are all groundless, and they are all dismissed under Article 364(4) of the Criminal Procedure Act.

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