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(영문) 수원지방법원 2018.09.20 2018노3272
권리행사방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in light of the following: (a) substantial damage caused by the instant crime is not significant; and (b) such crime ought to be strictly punished as it generates the term “spores”; and (c) such punishment of the lower court is deemed unreasonable as it is too uneasible.

2. In full view of all the sentencing conditions stated in the instant pleadings, including the Defendant’s age, sexual conduct, environment, and criminal conduct, the lower court’s punishment is too unafford and thus is unreasonable, even though the Defendant did not agree with the victim, the Defendant did not have the same criminal history, and the Defendant appears not to have borrowed the instant vehicle as security, and the Defendant appears to have committed the instant crime in a planned manner.

Therefore, prosecutor's assertion is without merit.

3. The appeal of this case by the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal of this case is without merit.

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