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(영문) 인천지방법원 2016.12.14 2016노3736
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for one year of imprisonment, two years of probation, two hundred hours of community service order, and forty hours of an order to attend a alcohol treatment lecture) of the lower court is too unfluent and unreasonable;

2. The judgment of the accused has several records of punishment for violence-related crimes, and in particular, in 2013, the fact that the accused has been punished for a fine of KRW 1.5 million due to the obstruction of performance of official duties is disadvantageous.

However, considering the favorable circumstances, such as the confession of the Defendant to commit the instant crime, the Defendant’s mistake is against his depth, the agreement was reached with the victim of interference with business, the considerable period of pre-trial detention due to the instant case, and the fact that the Defendant imposed multiple orders to prevent recidivism at the lower court, the Defendant’s age, character, character, occupation and environment, motive and circumstance leading to the instant crime, and all the sentencing conditions specified in the records and arguments, such as the circumstances after the commission of the instant crime, etc., it is deemed that the Defendant’s punishment is too unreasonable, and thus, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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