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(영문) 서울동부지방법원 2016.01.21 2015노1532

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (4 months of imprisonment) shall be excessively unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant led to the confession and reflect of the instant crime; (b) the victim was not subject to punishment against the Defendant; (c) the Defendant committed a contingent crime in the influence of alcohol; and (d) the degree of interference with business was not severe.

On the other hand, the defendant has a record of criminal punishment more than 20 times in total due to the same crime, and the fact that the defendant committed the same crime during the suspension of execution due to the obstruction of the execution of official duties in the judgment and was sentenced to a fine for the same crime, and again repeats the crime without being aware of it, is disadvantageous to the defendant.

In light of such circumstances and other circumstances as the Defendant’s age, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc. as indicated in the argument of the instant case, the lower court’s sentence cannot be deemed unfair due to excessive suspension of sentence and the circumstances after the crime.

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.

참조조문