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(영문) 의정부지방법원 2020.05.29 2019노793
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. The crime of opening a false corporate account may be used for another crime, such as singing and illegal gambling, etc., which is disadvantageous to the defendant, or the fact that the defendant's account opened is contrary to the defendant's recognition of the crime of this case, the defendant has no record of criminal punishment, the fact that there is no change in sentencing conditions compared with the original judgment, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc. in light of the sentencing conditions as shown in the arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., it cannot be deemed that the sentence imposed by the court below is too unreasonable.

Therefore, the prosecutor's above assertion 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.

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the first action of the fourth sentence of the judgment of the court below, which is obvious that a clerical error is a clerical error, shall be corrected to “the choice of fine”.

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