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(영문) 인천지방법원 2015.05.01 2014노4770

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended sentence, two years of suspended sentence, and probation) is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the victim expressed his/her intent that he/she would not want punishment against the Defendant; (c) the Defendant again committed the instant crime even if he/she was punished three times for the same kind of crime; (d) the Defendant has been interfered with the victim’s business for a long time; (e) there was no change in special circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment; and (e) other circumstances that form the conditions for the pleadings and the sentencing specified in the records, such as the Defendant’s character and conduct, environment, relationship with the victim, motive, means and consequence of the instant crime; and (e)

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

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.