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(영문) 대전지방법원 2020.08.19 2019노2619
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant, who had been punished several times due to the same kind of crime as this case, committed a repeated crime without being able to repeat each of the crimes of interference with the business of this case without being able to do so even though he was in the period of repeated crime, etc., and the risk of repeating the crime is not light, it is unfair that the lower court’s fine (three million won) is too unfeasible and unreasonable.

2. The court below decided the above punishment against the defendant on the grounds of sentencing as stated in its reasoning. The above circumstances alleged by the prosecutor as the grounds for sentencing unfavorable to the court below are deemed to have been sufficiently taken into account when determining the punishment in the court below. In addition, considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., as well as the overall conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., as well as the fact that the defendant was committed in all of the crimes of this case, and the degree of damage is not serious, and the victim is not subject to punishment against the defendant, it cannot be recognized that the judgment of the court below is too unfeasible and exceeded the reasonable scope of discretion.

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

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