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(영문) 청주지방법원 2018.04.27 2017노1313
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 6 million) is too unfasible and unreasonable.

2. The lower court determined the sentence by taking into account the following circumstances as revealed in the lower judgment’s “reasons for sentencing”.

The defendant has been punished several times for the same crime. On January 5, 2016, the defendant was sentenced to imprisonment for one year with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Cheongju District Court's Chungcheong branch on January 5, 2016, and on January 13, 2016, the above judgment became final and conclusive and conclusive on January 13, 2016, and it is judged that the risk of recidivism is high, despite the suspended execution period, the above crime of this case is committed: The defendant led to the confession of all of the crimes of this case and reflects against the victim of the crime of interference with the duties of this case; the defendant agreed that the victim of the crime of interference with the performance of official duties of this case only made efforts to recover damage, such as deposit of KRW 1 million with the police officer subject to interference with the performance of official duties of this case; the detention of the defendant is likely to entail excessive difficulty to his family members, such as his wife, three years of age and children, etc.

However, the court below seems to have determined an appropriate punishment by taking into account the circumstances favorable to the defendant and unfavorable circumstances, and there is no special circumstance to change the punishment of the court below after the decision of the court below was made, and there is no other special circumstance to change the punishment of the court below after the decision of the court below, and considering the conditions of sentencing as shown in the argument of this case, such as the defendant's age, sexual behavior, environment, etc., it does not seem that the sentence against

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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