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(영문) 수원지방법원 2014.11.27 2014노2723
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., e., e., 5 million won) of the lower court’s sentencing (e., e., e., e.

However, even though the defendant was sentenced to a fine on one occasion during the suspended execution period due to the violation of the Act on Aggravated Punishment, etc. of Specific Crimes, he/she did not know of the crime, and again commits each of the crimes of this case during the suspended execution period, and even in addition, the defendant has many criminal records, and is disadvantageous to the defendant.

However, taking into account the following circumstances: (a) the degree of physical damage ( considerable to KRW 100,00) and business obstruction due to each of the instant crimes is minor; (b) the Defendant compensated for and agreed on the damage to the victim during the investigation process; and (c) the victim expressed his/her intent not to be punished against the Defendant; (d) the recognition of and reflects the Defendant’s mistake; and (e) all other circumstances that form the conditions for sentencing as indicated in the instant case,

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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