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(영문) 서울남부지방법원 2017.03.30 2016노2552

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal does not have significant damage caused by the instant crime; (b) the Defendant is in depth repenting his mistake; (c) the Defendant has a delay of class IV and health disorder; and (d) it is difficult for the Defendant to cope with the life style due to the lack of any record of punishment as a sentence; and (d) the Defendant has no record of being punished as a sentence, the sentence imposed by the lower court (four months) is too unreasonable.

2. There are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment below.

Although the defendant had been punished several times for the same crime, the defendant committed the crime of this case.

Until the trial, damage recovery measures have not been properly taken.

In addition, considering the various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even if considering the circumstances asserted by the Defendant on the grounds of appeal, as well as the age, sex, environment, motive, means, and consequence of the instant case, including favorable or unfavorable circumstances to the Defendant.

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.