logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.10.31 2019노1752
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Of the facts charged against the Defendant, the lower court dismissed the prosecution as to the Defendant’s assault, and convicted the Defendant of interference with business and fraud, and sentenced the Defendant to a fine of KRW 4 million, and only the prosecutor appealed on the guilty portion. Since the part dismissing the public prosecution which was not appealed in the lower judgment is separated and confirmed as it is, the subject of the judgment of the lower court is limited to the aforementioned guilty portion.

2. The summary of the grounds for appeal (e.g., a fine of four million won) imposed by the lower court is too uneased and unreasonable.

3. The lower court appears to have determined the sentence within the reasonable scope of discretion by fully taking into account the circumstances favorable to the Defendant and the unfavorable circumstances, and there is no special circumstance to change the sentencing after the lower judgment was sentenced.

Although the crime is committed during the period of probation, in light of the content and circumstances of the crime, it seems that it is related to mental disease suffering by the defendant, and is currently under medical treatment.

In addition, considering the following circumstances, the Defendant’s age, character and conduct, environment, records of crime, the circumstances leading to the instant crime, and circumstances after the instant crime, the lower court’s punishment against the Defendant is too uneasible.

4. The appeal by the prosecutor of the conclusion is groundless, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow