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(영문) 울산지방법원 2019.09.20 2019노646
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The Prosecutor’s summary of the grounds for appeal (a fine of KRW 6 million) declared by the lower court is too unhued and unreasonable.

2. The fact that the judgment defendant has been punished several times for the same kind of crime, and is still under the suspension of execution due to the same kind of crime is disadvantageous to the defendant.

On the other hand, however, in full view of the circumstances favorable to the defendant, such as the defendant's age, character and conduct, and environment, the sentence of the court below seems to be within a reasonable and appropriate scope, and it cannot be deemed unfair because it is excessively unreasonable, in light of the following factors: (a) the defendant's recognition of the crime of this case, and the degree of damage is not significant; and (b) the victim's desire to find the defendant's wife by agreement with the victim.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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