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(영문) 울산지방법원 2017.09.21 2017노959
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence in six months of imprisonment) is too unhued and unfair.

2. Circumstances unfavorable to the judgment on the grounds of appeal: The crime of this case is not likely to be committed in terms of motive and method.

Although the defendant did not appeal the judgment of the court below, it was hard to accept the judgment of the court below, and did not seem to reflect his mistake by denying the crime of this case.

The defendant did not make any effort to recover damage.

The defendant has been punished five times for violent crimes.

The favorable circumstances: The degree of damage caused by the instant crime is not significant.

All the circumstances of sentencing and the scope of recommended punishment in the sentencing guidelines, including the above unfavorable circumstances, favorable circumstances, the defendant's age and character environment, relation to victims, motive means of crime, results of crime, circumstances after crime, etc., as well as the various conditions of sentencing and the scope of recommended punishment in accordance with the sentencing guidelines (from June to September).

(a) Type 1 (Interference with Duties) of basic crimes (Interference with Duties) (from June to June);

(b) Type 1 (Interference with Duties) basic area (from June to June);

(c) Type 1 of concurrent crimes (injury to the general public) (from April to June);

D. In full view of the total of six months of imprisonment with prison labor for the final recommendation following the aggravation of multiple offenses and two to nine months, the lower court’s sentencing discretion imposed on the Defendant was exceeded.

It is not recognized that it is unfair because it is too unfluent enough to be evaluated.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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