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(영문) 서울남부지방법원 2013.07.19 2013노940

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (five months of imprisonment) is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant had been punished several times for the same kind of crime; (b) the degree of damage to the victim is not significant by continuously obstructing the same victim’s business; and (c) the Defendant has not recovered from damage; and (d) other circumstances, such as the circumstances leading to the instant crime, means and methods; (b) circumstances after the instant crime; and (c) the Defendant’s age and happiness environment; and (d) the sentencing conditions stipulated in Article 51 of the Criminal Act as stated in the records and pleadings, the lower court’s sentence cannot

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.