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(영문) 부산지방법원 2016.10.06 2016노2606

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment) is too unreasonable.

2. There are extenuating circumstances such as the confession of the Defendant to the instant crime, and the fact that the Defendant does not want the punishment of the Defendant by mutual consent with the victim at the original trial.

However, the Defendant has been punished twice as a fine and two times of the suspended sentence, and a considerable portion of the punishment is violent-related criminals, and the Defendant was punished as a fine by committing a crime such as obstruction of performance of official duties, etc. without being aware of even though he was under the suspended sentence, and again committed the instant crime. There is no change in the circumstance that may be considered as the reason for sentencing in the trial, and other various circumstances that form the conditions for sentencing specified in the instant records and arguments, such as the Defendant’s age, character and conduct, environment, family relationship, means and consequence of the instant crime, etc., are considered, and there is no change in the circumstance that may be considered as the reason for sentencing in the trial, it is difficult

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.