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(영문) 광주지방법원 2017.06.15 2016노3157
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of six months, the suspension of the execution of two years, and the community service time of 80 hours) is deemed to be too unhued and unreasonable.

2. Each of the instant crimes committed on board the market obstructs the Defendant’s business by sticking a breath in a restaurant, a main store, etc. on the table, setting a chair, alcohol, etc. on the floor, and obstructing the Defendant’s business, and assaulting glass cups against customers, and criminal records are not less than 20 times including those punished eight times due to the same violent crime (three times a sentence among them), and the crime of interference with the police’s duties in 2016 order 755 order and special violence following the police investigation, etc., but the Defendant is against the Defendant’s recognition of the crime, and the victims of the instant case do not want punishment against the Defendant, and considering the favorable circumstances, such as the Defendant’s age, sexual behavior, motive for committing the environmental crime, motive for committing the crime, etc., and the circumstances after the crime, it does not seem that the lower court’s punishment is too unfair.

The ground for appeal 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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