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(영문) 수원지방법원 2018.01.24 2017노7022
권리행사방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended sentence and two hours of community service order in the month of imprisonment with prison labor for eight months) is too unhued and unreasonable.

2. Determination is an unfavorable circumstance to the Defendant, where the Defendant transferred a vehicle purchased by the Defendant with a loan to a bond business operator and inflicted damage on the victim, but the damage has not been restored to the expiration of a considerable period.

However, in full view of the following: (a) the Defendant recognized the instant crime, and has no record of the same kind of crime; and (b) the Defendant’s criminal records in 199 are the last place; and (c) other factors of sentencing as indicated in the instant argument, such as the background of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, the lower court’s punishment is too uneasible and unreasonable, and thus, the Prosecutor’s assertion is without merit.

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

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