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(영문) 인천지방법원 2018.10.12 2018노1115
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. One of the defendants has been punished several times due to violence-related crimes, and the fact that the victim wants to punish the defendant is disadvantageous to the defendant.

However, the Defendant committed a crime interfering with business during a dispute over the issue of construction with a neighbor who is a neighboring resident, and the Defendant did not directly exercise violence, so it is difficult to see the instant crime as the realization of the Defendant’s violent tendency, and in full consideration of the sentencing conditions indicated in the record, such as the Defendant’s age, sexual behavior, environment, circumstances of the crime, and circumstances after the crime, the lower court’s punishment is too unfeasible 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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