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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2015.05.29 2014노4263
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (three million won of a fine) declared by the court below against the defendant is too unfluent.

2. The facts that the defendant was punished several times for the same crime, that the defendant committed the crime of this case without being aware of even though he was under the suspension of execution, are disadvantageous circumstances, or that the defendant recognized the crime of this case and reflects the depth thereof, and that the victim does not want the punishment are favorable circumstances.

In addition, in full view of all the circumstances, such as the character and conduct of the defendant, the environment, the relationship with the victim, the motive, means and result of the crime of this case, the circumstances after the crime, etc., and the sentencing conditions stated in the records, the sentence imposed by the court below against the defendant is deemed appropriate.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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