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(영문) 서울남부지방법원 2015.08.28 2015노910

업무방해

Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the punishment for eight months sentenced by the court below is too unreasonable in light of the circumstances such as the fact that the defendant is against the defendant, the victim does not want the punishment against the defendant, and the defendant was under the influence of alcohol at the time of this case.

Considering the following circumstances: (a) the Defendant’s assertion, the circumstance of the Defendant’s assertion, and the circumstance in which the Defendant agreed with the victim at the trial, the Defendant had been punished more than forty times, which includes a number of the records of punishment for the same kind of crime; (b) the instant crime was committed during the period of repeated crime; (c) in particular, the Defendant was charged with the crime of interference with business as of March 3, 2015 when he was committed on the charge of the crime of interference with business as of March 3, 2015; and (d) other various circumstances, including the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is appropriate and unreasonable because it was excessively unreasonable.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.