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(영문) 인천지방법원 2016.12.02 2016노3280

권리행사방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 3,000,000) of the lower court against the Defendant is too unreasonable.

2. The judgment of the court below recognizes the facts of the crime, the facts of the crime of this case and the crime of the previous conviction in the judgment of the court below against the defendant should be taken into account the equity in the case of concurrent crimes under the latter part of Article 37 of the Criminal Act, and the defendant does not have any previous agreement with the victim. On the other hand, with regard to the summary order for which the defendant is liable for a fine of KRW 3,00,000 in consideration of the favorable circumstances as seen earlier, the court below seems to have sentenced the defendant to a fine of KRW 3,00,00 in light of the above favorable circumstances. There are no special circumstances or changes in circumstances that can be considered in the sentencing after the decision of the court below was made, and there are no other various circumstances that form the conditions for sentencing as shown in the records, such as the defendant's age, character and behavior and environment, motive, means and result of the crime, and the circumstances after the crime. Thus, the defendant's 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.