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(영문) 부산지방법원 2018.01.26 2017노3508
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) on the summary of the grounds for appeal is too unfilled and unreasonable.

2. It is recognized that, in light of the form of each of the instant crimes and the method thereof, the liability for the relevant crimes was grave, the victims did not agree with the victims, and the police officers did not receive correspondence.

However, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, etc., the lower court’s punishment is too unfasible and unfair, in light of the following factors: (a) there is no history of punishment heavier than a fine; and (b) there is no history of criminal punishment for the same kind of crime; and (c) the Defendant’s age, sexual conduct, environment, motive, means and consequence of

Therefore, prosecutor's assertion is without merit.

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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