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(영문) 대전지방법원 2020.10.07 2019노2391
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In view of the fact that the Defendant, who had been punished several times due to the crime related to violence, such as this case, committed a crime of this case without being among persons during the period of probation, is not yet able to recover from damage, etc., the sentence of the court below is too unafford and is too unafford.

2. We examine the judgment on the grounds of appeal, and the above circumstances alleged by the prosecutor are deemed to have been fully considered in the court below’s determination of the punishment at the court below. Moreover, considering the various sentencing factors revealed in the pleadings in the instant case, such as the fact of the instant case was committed by the Defendant, and the degree of interference with business is relatively minor, the sentencing of the court below is too low and thus, it does not seem to have exceeded the reasonable scope of discretion.

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

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