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(영문) 의정부지방법원 2019.10.25 2019노2035

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. The defendant has the following favorable circumstances:

The defendant recognized the crime of this case and is against the law.

In the court below, the defendant agreed with the victim of the crime of interference with business, and agreed with the victim of the crime of assault.

However, there are the following disadvantageous circumstances for the defendant.

The Defendant had been punished several times, including punishment for violent crimes, even before each of the crimes in this case.

On April 6, 2016, the Defendant was sentenced to two years and six months of imprisonment with prison labor by the District Court for serious injury, etc., and was released on December 24, 2018 during the execution of the sentence by the Seoul Southern Prison on parole on December 24, 2018 and passed on February 24, 2019. The crime of assault among the crimes in this case was committed during the parole period, and the crime of interference with business was committed during the period of repeated crime.

The defendant not only has repeatedly interfered with the victim C's primary business, but also has the degree of interference.

In light of the circumstances favorable to the defendant and the unfavorable conditions of the defendant, and if we look at the sentencing guidelines of the Sentencing Committee, it cannot be said that the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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.