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(영문) 인천지방법원 2016.08.17 2016노1252

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. The facts that the judgment defendant led to the confession of the crime of this case and reflects his mistake, and that both the victims and the victims have agreed smoothly are favorable circumstances.

However, considering the fact that the defendant was punished for violent crimes several times, the court below seems to have taken the advantage of the defendant's favorable circumstances in the court below, and there are no changes in circumstances that may be reflected in the sentencing in the court below, etc., and other unfavorable circumstances such as the defendant's age, sex, occupation and environment, motive and circumstance leading to the crime of this case, and the circumstances after the crime, etc., the court below's punishment is too excessive and unfair. Thus, the defendant's assertion 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.