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(영문) 수원지방법원 2016.10.14 2016노1370
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. Determination is recognized that the Defendant had been subject to punishment several times as a violent crime including a crime of interference with business, and that the Defendant was under suspension of execution due to violent crime at the time of the instant crime, and that the Defendant did not make any effort to recover from damage. However, considering the fact that the Defendant recognized his/her criminal act and reflects the fact that the Defendant does not want the Defendant’s punishment, the balance of sentencing with the same or similar incidents, the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence, and all of the sentencing conditions indicated in the instant pleadings, such as the circumstances after the crime, it is not determined that the sentence imposed by the lower court is too unjustifiable and unreasonable.

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.

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