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(영문) 부산지방법원 2017.08.25 2017노1477
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to KRW 3.5 million) is deemed to be too uneasy and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, there is a need to strictly punish a crime that interferes with the performance of official duties, and the fact that a person did not receive a letter from a victimized police officer is disadvantageous to the defendant.

However, comprehensively taking account of the following: (a) all of the crimes are recognized and against each other; (b) there is an agreement with the victim of the crime of interference with business affairs; (c) equity in sentencing with similar cases in favor of the victim; and (d) there is no criminal record exceeding fines; and (c) other various sentencing conditions, such as the defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) there are too little circumstances after the crime, it is difficult

Therefore, the prosecutor's above argument of sentencing 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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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