beta
(영문) 의정부지방법원 2020.06.25 2020노829

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: Imposition of the penalty (one year and six months in prison);

2. The lower court determined the sentence by comprehensively taking account of the following circumstances and the matters stipulated in Article 51 of the Criminal Act. A person under way: Cumulative accumulation of criminal records of the same kind, persons who have been mitigated, such as recidivism during the period of the same repeated crime: Confession, victim D’s failure to punish, etc.; and the reason for sentencing alleged by the Defendant in the trial of a party is that the lower court has already taken full account of the circumstances, and the lower court’s determination of sentencing is not deemed to have exceeded the reasonable scope of discretion.

In addition, there are no circumstances to determine that the conditions of sentencing were changed in the trial, so it is reasonable to respect the sentencing of the court below.

Therefore, we cannot accept the defendant's argument during the sentencing.

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.