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(영문) 인천지방법원 2016.04.15 2016노794

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (unfair sentencing) is that the lower court’s punishment (one year and six months of imprisonment and fine of 300,000 won) against the Defendant is too unreasonable.

2. Although the Defendant recognized all criminal facts, and agreed with the victim G and D, the Defendant had been punished several times for the same crime; the Defendant again committed the instant crime during the repeated crime period due to the same crime; the Defendant appears to have high risk of recidivism in that it repeatedly commits a similar crime; the Defendant did not reach an agreement with the most victims; the Defendant’s age, sex and environment; the motive, means and consequence of the crime; and other various circumstances that form the condition of sentencing as indicated in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and 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.