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(영문) 부산지방법원 2013.04.25 2012노3872

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one million won of a fine) is too unlimited and unfair.

2. In light of the following circumstances, the lower court’s sentencing is reasonable in light of the following circumstances: (a) the Defendant was committed in the course of committing the instant crime; (b) the Defendant appears to have reduced the amount of the fine notified by the summary order (1.5 million won) in consideration of such circumstances; (c) the Defendant had the history of having been punished several times due to violent-related crimes; and (d) other circumstances, such as the motive and circumstances leading up to the instant crime; (b) the circumstances following the instant crime; (c) the Defendant’s age, character and conduct, and environment, which are the conditions for sentencing specified in the instant records and pleadings.

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. It is so decided as per Disposition.