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(영문) 광주지방법원 2016.01.12 2015노2189
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. Determination factors, such as the Defendant’s past record of criminal punishment several times due to violent crimes, obstruction of performance of official duties on November 29, 2012, violation of the Emergency Medical Service Act, violation of the Punishment of Violences, etc. Act (Assaults such as group deadly weapons), intimidation, and obstruction of duties, committed the instant crime during the repeated crime period even after the execution of the sentence was completed on October 19, 2014, and the Defendant committed the instant crime on October 19, 2014, are against the Defendant’s crime; the Defendant agreed with the victim; favorable sentencing factors such as the Defendant’s economic condition; favorable sentencing factors such as the Defendant’s age, sex, environment, and circumstances after the crime; and other various other factors that form the conditions of sentencing as indicated in the records and the theory of changes, etc., the lower court’s sentence against the Defendant cannot be deemed unfair because it is too unfford.

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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