(영문) 춘천지방법원 강릉지원 2015.12.24 2015노611

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(영문) 춘천지방법원 강릉지원 2015.12.24 2015노611

업무방해등

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered (the defendant's each fine of KRW 7 million) is too unhued and unreasonable.

2. The crime of obstruction of the performance of official duties of Defendant A and the crime of destruction of property of this case against Defendant B, which were committed in the course of the crime of injury to Defendant B, are considered to be disadvantageous to sentencing, and there is a need to punish the crime of obstruction of the performance of official duties of this case against Defendant A and the crime of destruction of property of this case committed against Defendant B, which was committed in the course of the crime of injury to Defendant B, having been punished several times as a violent crime, having been sentenced to imprisonment as a result of the crime of injury to the existence of force, and the execution of the sentence was completed,

However, in full view of the fact that the Defendants recognized each crime of interference with business of this case and the victims of the crime of interference with business of this case and the crime of damage to property of this case expressed their intent not to punish the Defendants, and the amount of damage caused by the crime of damage to property of this case is relatively small, and the motive, background, means and result of each crime of this case, the circumstances before and after the crime of this case, the Defendants’ age, character and conduct, environment, and other factors of sentencing indicated in the records and arguments, even considering the above unfavorable circumstances, the sentence imposed by the court below to the Defendants cannot be deemed to be too unreasonable to the extent that they

The prosecutor's assertion is without merit.

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. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

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