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(영문) 제주지방법원 2017.07.20 2016노587
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won in penalty) is too unhued and unreasonable.

2. Under the Korean Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of direct determination, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (Supreme Court Decision 2015Do3260 Decided July 23, 2015). Defendant was sentenced to one year for a violation of the Act on Specialized Credit Financial Business on July 3, 2013, and committed each of the instant crimes during the period of repeated crimes even after the enforcement was completed, and the Defendant was sentenced several times of criminal punishment for violent crimes. However, the lower court appears to have determined the Defendant’s punishment in light of the foregoing circumstances, and there is no change in circumstances that may be considered in the sentencing after the sentence was pronounced differently, and the victims did not suffer damage due to each of the instant crimes, and the records, circumstances, the circumstances, and the motive and scope of each of the instant crimes after the judgment below’s imposition of punishment, and all of punishment.

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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