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(영문) 서울동부지방법원 2020.11.12 2020노480
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The finding of facts (not guilty part) by the defendant several times to find out the victim G's places operated by the victim G, and demanding the expression of intent or continuous dialogue constitutes a threat of interference with business.

Nevertheless, the judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous.

B. The lower court’s sentence of unreasonable sentencing (one million won of a fine) is too unhued and unreasonable.

2. Determination

A. The lower court determined that the evidence submitted by the prosecutor alone is insufficient to deem that the Defendant interfered with the business of the victim G operation by force, and that there was no other evidence to acknowledge it otherwise, considering the CCTV images installed in the victim G operation promotion room, the recording file submitted by the victim G, and the circumstances leading up to the Defendant’s attachment.

Examining the above judgment of the court below in light of the records of this case, the judgment of the court below is just, and there is no error of law by mistake of facts, such as the prosecutor's assertion.

B. Determination of the assertion on unfair sentencing (the part of the 2019 Highest 3286 case) is an unfavorable circumstance to the Defendant, where the Defendant had been punished as a same kind of crime, and the Defendant again committed the instant crime even during the suspension of execution, etc.

On the other hand, the fact that the defendant recognized the crime of this case, and the victim D did not want the punishment of the defendant is favorable to the defendant.

In addition, in full view of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by taking into account the above normal relationship and the grounds for sentencing alleged by the prosecutor, and there are no special circumstances to the extent that the sentencing is changed ex post facto, so the Prosecutor’s assertion of unfair sentencing is without merit

3. Thus, the prosecutor's appeal is without merit.

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