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(영문) 창원지방법원 2017.01.12 2016노2135
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (3 million won in penalty) of the court below is too unfilled.

2. In light of the judgment, the defendant had the same criminal records nine times, and in particular, the fact that the defendant committed the crime of this case during the period of suspension of execution due to the same kind of crime is the reason for sentencing unfavorable to the defendant, the confession of the crime is against the victim, the victim agreed with the victim, and the victim actively wanted the defendant's wife, and the defendant's child suffering from the crym certificate, which requires support, is a favorable reason for sentencing.

The Prosecutor’s assertion is without merit, given that the judgment of the court below is reasonable, in light of the above sentencing factors comprehensively considering the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing as indicated in the records and arguments of this case.

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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