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인천지방법원 2017.01.12 2016노4237

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged in the instant case against the Defendant, the lower court dismissed the prosecution against the Defendant regarding the assault against the victim T, and sentenced the Defendant to ten months of imprisonment with prison labor by recognizing the remainder of the assault and obstruction of business, and only the Defendant appealed against the guilty portion. Since the dismissed part of the lower judgment that was not appealed is separate and finalized, the subject of the judgment of the lower court is limited to the convicted part of the lower judgment.

2. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

3. It is recognized that the Defendant’s confessions all of the crimes and reflects the wrongness, and that it appears that the Defendant’s mental health conditions are not good.

However, the crime of this case is committed by the defendant repeatedly and repeatedly without any particular reason to interfere with his business by avoiding disturbance, and the case is not easy, the frequency of the crime is large, victims' damage is not recovered, most victims are threatening to repeat the crime of this case, and the criminal punishment of the defendant is sought, there are several records of criminal punishment including suspended execution due to the same crime of the defendant, the defendant committed the crime of this case at once again without being aware of even though he was sentenced to a fine by repeating the crime during the suspended execution period, and other various circumstances, including the defendant's age, sex behavior, motive, means and consequence of the crime of this case, the circumstances after the crime, etc., are considered to be too unfair.

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