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(영문) 수원지방법원 2018.09.17 2018노646
업무방해
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (each of the Defendants’ fines of KRW 3 million) is too uneased and unreasonable.

2. In light of the Defendants’ degree of reflectiveness, degree of use of force, the fact that the Defendants agreed with the victim, the records of the commission of the crime, and other various sentencing conditions indicated in the records and arguments, such as the Defendants’ age, sexual conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is deemed reasonable, and it does not seem unfair as it is too unreasonable.

The prosecutor's improper argument in sentencing is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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