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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2015.12.16 2015노1316
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to eight months of imprisonment, two years of suspended execution, and 120 hours of community service order) declared by the court below is too unhued and unreasonable.

2. The judgment of the court below is unfair in light of the following circumstances: the Defendant committed the instant crime, even though he was punished twice due to the same obstruction of performance of official duties, and the Defendant committed the instant crime; on the other hand, the Defendant led to a confession of all each of the instant crimes and reflects the depth of the Defendant; it was recognized that the Defendant had no criminal record of suspended execution, and favorable circumstances such as the Defendant’s age, character and conduct, environment, family relationship, occupation, circumstances, and the result of each of the instant crimes, etc., which led to the Defendant’s failure to reach an agreement with the victim, or failure to receive a letter from the victim, are acknowledged, and thus, it cannot be determined that the Defendant’s punishment is too unfair in light of the following circumstances: (a) the Defendant’s appearance of all of the instant crimes, including the Defendant’s age, personality and behavior, family relationship, occupation, and circumstances after the instant crimes, etc.

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

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