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(영문) 부산지방법원 2017.11.10 2017노3084

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment is too excessive and unfair (six months of imprisonment) (the Defendant’s remaining grounds for appeal, such as mental and physical weakness, was withdrawn on the first trial date of the first trial of the first trial of the first instance of the first instance of the first instance). 2. It is recognized that the circumstance, such as the Defendant’s mistake is against the judgment, and the Defendant’s past history of receiving medical treatment is recognized.

However, the Defendant committed the instant crime even though 10 times of violence had been committed, during the same period of suspension of execution, and the content thereof also repeats the demand of female bank members who must respond to customers to commit the instant crime and interferes with banking business. Therefore, the Defendant is not guilty of committing the instant crime.

In addition, considering the various circumstances that are the conditions for sentencing under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, and motive for committing the crime, the sentence of the court below is too unreasonable.

D. The defendant's argument of sentencing is without merit.

3. 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 groundless.

참조조문