beta
(영문) 서울중앙지방법원 2018.04.27 2017노4777

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (amounting to five million won) imposed by the court below is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant led to the confession and reflect of the crime of this case, and that the injured person does not want the punishment against the defendant by agreement with the victim at the original trial.

However, the Defendant had been punished several times for the same crime (the Defendant was punished by the act of interfering with police officers’ exercise of power against neighboring street workers or the performance of their official duties under the influence of alcohol, and among them, the Defendant committed the instant crime without being aware of the fact that he was sentenced to imprisonment with prison labor for four months on May 11, 2017, a year of suspended execution, a fine of KRW 100,000,000 during the period of suspended execution, and committed the instant crime without being aware of the fact that he was under suspended execution, and that there was no change of circumstances that could change the sentence of the lower court in the appellate trial, and comprehensively taking into account all the conditions of the sentencing as indicated in the records and changes of the instant punishment, the sentence imposed by the lower court was too too unreasonable, and thus, was exceeded the scope of reasonable discretion.

subsection (b) of this section.

Therefore, 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.