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(영문) 광주지방법원 2014.01.29 2013노2386
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won of a fine) imposed by the court below on the defendant is too unhued and unfair.

2. The crime of this case is not deemed to have been committed by the defendant by intrusion into the room of president of a university where he attends for four days and obstructing his business by force, and it is not good that the defendant had committed three times a fine due to obstruction of business or violence to the extent that he did not agree with the victim. It is recognized that the defendant committed a crime, but the defendant is in contravention of his wrongness while leading to the confession of the crime, and the defendant was prosecuted for purchasing art at the president and the chief director's meeting with the president of a university where he was prosecuted for the reason that he purchased art works at the expense of the president and the chief director of the university, which led to the crime of this case. Considering the circumstances leading up to the crime of this case, the defendant was subject to a disciplinary measure which deprives the defendant of the opportunity of college education permanently, the defendant did not have any past conviction heavier than a fine, and other circumstances that led to the defendant's age, environment, character and behavior, the circumstances leading to the crime of this case, and the circumstances after the crime, etc., the above assertion by the prosecutor is 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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