업무방해등
The defendant's appeal is dismissed.
1. On October 27, 2016, the summary of the grounds for appeal, the Defendant alleged that there was an error in mistake of facts since he/she had no intention to interfere with his/her business due to the grounds for appeal on October 27, 2016. However, it cannot be a legitimate ground for appeal as a new assertion filed after the lapse of the period for submitting the grounds for appeal, and it is impossible to find ex officio reasons even after examining the records, the above part
The punishment (fine 5 million won) imposed by the court below on the defendant is too unreasonable.
2. There are extenuating circumstances such as the Defendant’s recognition of the facts themselves of each of the instant crimes.
However, considering the following circumstances: (a) the Defendant was sentenced seven times to suspended sentence; (b) two times to be sentenced to a fine; (c) the Defendant was unable to agree with the victims; (d) the victims want to be punished; and (e) there was no change in the circumstances that may be considered in the judgment of the court; and (e) other circumstances that form the conditions for sentencing specified in the instant records and arguments, such as the Defendant’s age, character and conduct, environment, family relationship, means and consequence of the crime; and (e) the circumstances after the crime, the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.