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(영문) 수원지방법원 2019.06.05 2019노97
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. The lower court sentenced the Defendant to a fine of KRW 5 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

There is no circumstance that the lower court’s sentencing judgment exceeded the reasonable bounds of its discretion in full view of the factors that serve as conditions for sentencing, the applicable sentences, and the sentencing guidelines, etc., or that it is deemed unfair to maintain the lower court’s sentencing as it is.

In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is appropriate, and it is not recognized that the said sentence is unreasonable because it is too uneasible.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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