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(영문) 창원지방법원 2016.12.15 2016노2058
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty (five million won of a fine) of the lower judgment is too unhued.

2. The fact that the defendant committed the crime repeatedly on five occasions against three victims, and the same criminal records are two times, and the criminal records are committed during the period of repeated crime due to the crime is an unfavorable sentencing ground that is unfavorable to the defendant, the defendant is committed against himself/herself while making a confession of the crime, an agreement is reached with the victims, and the fact that the defendant is currently receiving treatment of alcohol-related diseases is favorable sentencing grounds.

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing indicated in the records and arguments in this case, 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.

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