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(영문) 광주지방법원 2018.02.01 2017노824
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, the community service) is unreasonable.

2. However, in full view of the following circumstances: (a) the Defendant’s act of committing the instant crime that interferes with the diagnosis and treatment of the hospital by causing disturbance in the university hospital emergency room is not good; (b) the fact that the Defendant did not agree with the victim E is disadvantageous; (c) the Defendant appears to have committed contingent crimes because he was aware of the situation of friencing in the upper part of the neck at the time; (d) the time when the Defendant obstructed work; (e) the Defendant did not reach an agreement with the victim B; and (e) other favorable circumstances, such as the Defendant’s age, sexual behavior, environment, family relationship, circumstance of the crime, and circumstances after the crime, etc., the sentence of the lower court is too unjustifiable and unreasonable.

3. The appeal by the public prosecutor on the conclusion of the judgment is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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