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(영문) 부산지방법원 2017.01.20 2016노4570

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. The fact that the judgment appears to have against the Defendant’s mistake, and that the Defendant has no criminal history exceeding the fine, etc. is recognized as favorable to the Defendant.

However, considering the fact that the defendant has been punished for the same kind of crime, that the defendant did not agree with the victims, that the court below rendered a lower sentence than the lower sentence of the recommended sentence (one year or imprisonment of four years or more or August 10) set forth in the sentencing guidelines in consideration of various circumstances of the defendant, that there is no special circumstance or change of circumstances that may be newly considered in the sentencing after the court below was sentenced, and that there are other various sentencing conditions that are shown in the records and arguments, such as the defendant's age, character and character environment, circumstances before and after the crime, etc., the sentence of the court below is too unreasonable.

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

3. 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.