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(영문) 수원지방법원 2017.01.13 2016노4344
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of six months, the suspension of the execution of two years, the observation of protection, the community service for forty hours, and the lectures of alcohol treatment for forty hours) declared by the court below is too uneasy and unreasonable.

2. The judgment of the defendant has the record of being punished several times due to the crime of injury, the crime of violation of Road Traffic Act, etc., and disadvantageous circumstances such as the nature of the crime in this case is not weak in light of the content of the crime in this case, and repeating the crime.

However, in full view of the fact that the defendant recognized the crime, the degree of the type used by the defendant in the course of the crime is not much serious, and other various sentencing conditions such as the defendant's age, sex and environment, method of committing the crime, and circumstances after the crime, it cannot be said that the sentence imposed by the court below is too unfeasible and unfair.

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.

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