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(영문) 광주지방법원 2019.10.30 2019노851
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The court below's reasoning for sentencing takes into account the sentencing conditions shown in the argument of this case, including the circumstances properly explained by the court below in its sentencing, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the defendant reflects the recognition of the crime of this case, the defendant agrees with the victim, the degree of interference with business, the degree of interference with the business, and the fact that there is no change in the sentencing conditions in the trial compared with the court below. Thus, 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 on the ground that it is without merit. It is so decided as per Disposition.

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