logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.06.14 2015노3263
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s sentence (the 10-month period of suspended sentence, the observation of protection, and the community service order for 80 hours) is unfair because it is too unfasible and unfair (the prosecutor stated his opinion that the Defendant should be punished by imprisonment with prison labor for two years). 2. Determination on the ground that the Defendant was punished for the same kind of crime, but there was no history of punishment exceeding the fine.

All victims expressed their intention that they do not want to be punished by the defendant.

In addition, since the crime in the judgment of the court below and the crime in Gwangju District Court sentenced two years of suspended sentence to six months of imprisonment on October 23, 2014, and the crime of obstructing the performance of official duties finalized on November 4, 2015, etc. are concurrent crimes under Article 37 of the Criminal Act, the punishment should be imposed in consideration of equity in cases where the crime in the judgment of the court below is adjudicated simultaneously pursuant to Article 39(1) of the Criminal Act.

If the defendant's age, sex, environment, motive, means and consequence of the crime, and all of the sentencing conditions in this case, including the circumstances after the crime, are considered equally, the sentence of the court below is just within the reasonable discretion, and the prosecutor's above 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 grounds that the appeal is without merit. It is so decided as per Disposition.

arrow