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(영문) 부산지방법원 2018.04.06 2018노574

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy (3 million won in punishment).

2. The Defendant made a confession of all the facts constituting the instant crime.

However, in light of the above circumstances, the lower court’s determination of sentencing exceeded the reasonable bounds of discretion, in full view of the following factors: (a) the Defendant’s age character and character intelligent environment; (b) the motive and means of motive for committing the crime; and (c) the circumstances after committing the crime.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and 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.