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(영문) 서울서부지방법원 2019.01.24 2018노1246

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The court below's scope of trial is dismissed as to the defendant's remaining violence among the facts charged, and all of the remaining parts are convicted. The defendant appealed only for the guilty part, and the prosecutor did not appeal, and the rejection of prosecution which the defendant and the prosecutor did not appeal has become final and conclusive. Thus, the scope of trial of this court is limited to

2. The sentence of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

3. The lower court did not find any circumstances that deemed that the lower court’s determination of sentencing exceeded the reasonable bounds of discretion, or that it is unfair to maintain the sentencing of the lower court as it is, in light of the circumstances unfavorable to the Defendant and favorable circumstances, etc., and that the lower court’s determination of sentencing exceeded the reasonable bounds of discretion, in full view of the conditions for sentencing, the applicable sentences, and the sentencing guidelines, etc. in the trial.

In addition, considering the character, conduct, family relationship, the circumstances and result of the instant crime, etc. of the Defendant, the sentence of the lower court is appropriate and too unreasonable.

4. 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.