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(영문) 청주지방법원 2020.04.03 2019노924
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main points of the grounds for appeal are as follows: (a) the lower court’s sentence (the grace period for fines (500,000 won) is too unhued and unreasonable.

2. The instant crime was committed against the visually impaired victim, and the Defendant was punished by a fine on several occasions due to an injury, damage, or violence, etc., and the victim was not recovered from damage, and the victim was punished by the Defendant.

However, the defendants are all aware of crimes, and they are against themselves.

The crime of this case occurred in the process of soliciting the movement of the victim who performs funeral services at a place selected as an area subject to prohibition of street occupation by the competent authority, as the president of the BMerchant consisting of the defendant's permitted street occupation.

The criminal records of the defendant's violent crime are both criminal records of a fine before 2002, and the defendant has no criminal records of suspended execution.

The defendant is in the sixth degree of disability and is not good for the defendant to undergo a liver cancer surgery.

In full view of these points, it is judged that the defendant complies with the suspension period of sentence and the effect of recidivism can be achieved.

In addition, considering the Defendant’s age, character and conduct, environment, and motive, means, and consequence of the crime, as a whole, various conditions of sentencing indicated in the pleadings and records, it cannot be deemed that the lower court’s punishment goes beyond the reasonable limit of discretion.

3. The prosecutor's appeal of conclusion 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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