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(영문) 부산지방법원 2016.11.24 2016노4003
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The punishment of a fine of KRW 4 million sentenced by the original judgment on the summary of the grounds for appeal is too unfasible and unreasonable.

2. The lower court’s sentence is determined to be within the scope of reasonable sentencing discretion, taking into account the following factors: (a) the Defendant, under the influence of alcohol, seems to have committed the instant crime by taking account of the following factors: (b) the head of the police officer called up after having been reported by the Defendant to the taxi driver by driving the taxi; (c) the Defendant, under the agreement with the taxi driver, did not want the punishment of the Defendant; (d) the Defendant recognized the Defendant as a youth aged 20; (c) the Defendant appears to have committed the instant crime by contingency under the influence of alcohol; and (d) other circumstances such as character, character, environment, circumstances, and circumstances after the commission of the instant crime, etc., such as the Defendant’s character and behavior, and the Defendant’s absence of the record of criminal punishment.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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