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(영문) 서울동부지방법원 2018.12.06 2018노1202
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below's scope of judgment in this court is dismissed as to the defendant's assault against U and V among the facts charged against the defendant, and found guilty as to the remaining facts charged, and since the prosecutor appealed only the guilty part and dismissed the prosecution without the prosecutor's appeal, the scope of judgment in this court is limited to the guilty part.

2. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

3. In full view of the reasons for sentencing indicated in the records of the instant case, the lower court’s sentencing against the Defendant appears to have been appropriately determined by fully taking account of all the circumstances, including the various reasons for sentencing asserted by the Prosecutor, and no special circumstance exists to the extent that the lower court’s sentencing is modified.

Therefore, the prosecutor's above argument of sentencing is without merit.

4. 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 by the court below (Provided, That in accordance with Article 25 (1) of the Rules on Criminal Procedure, the prosecutor's appeal is dismissed in accordance with Article 25 (1) of the Rules on Criminal Procedure, and it is corrected as

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