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(영문) 부산지방법원 2020.01.30 2019노3157

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The determination of the summary of the grounds for appeal (e.g., a fine of one million won) is unreasonable;

2. The lower court rendered a judgment that maintained the summary order.

The punishment seems to be determined by considering the defendant's same criminal records, degree of interference with business as the sentencing factor.

There is no change in sentencing elements in the appellate court.

Although the sentencing criteria do not apply to the case of the request for formal trial against the summary order, it is not unreasonable to determine the sentencing of the original court, considering the sentencing factors and other factors of sentencing as set forth in the sentencing criteria in this court, even if they are reviewed again.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.