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(영문) 서울남부지방법원 2016.10.27 2016노1571

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the purport of the grounds for appeal that the Defendant, under the influence of alcohol, led to a contingent crime of this case, the Defendant supports his mother, and the Defendant is able to lead a sincere life without repeating another offense by breaking his fault in depth, the punishment sentenced by the lower court (4 months of imprisonment) is too unreasonable.

2. Although the Defendant had been punished several times for the same crime, the Defendant committed the instant crime only after having been released from the prison due to the crime of fraud.

Other factors favorable or unfavorable to the defendant, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, criminal records, and all of the sentencing circumstances shown in the records and arguments of this case, and the reasons for sentencing of the judgment of the court below, are compared. It is not determined that the sentence of the court below is improper because it is too unreasonable considering the various circumstances asserted by the defendant

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. It is so decided as per Disposition.