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(영문) 부산지방법원 2020.01.16 2019노2976

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, and 80 hours of community service order) declared by the court below is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no change in circumstances or normal relationship that may change the sentence of the lower court in the trial. Considering that the reasons for sentencing as stated by the lower court are as follows: (a) the Defendant’s age, character and conduct, records of the crime, details of the crime, and circumstances after the crime, etc. are considered as a whole; and (b) the sentence imposed by the lower court was conducted within the reasonable scope of discretion and is not heavy.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.