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(영문) 울산지방법원 2013.05.24 2013노228

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case, the punishment imposed by the court below (five months of imprisonment) is too unreasonable.

2. The judgment of the court below reflects the defendant's mistake while making a confession, and there are favorable circumstances such as the fact that the defendant made an agreement or deposit with the victim, but the defendant has a large number of same criminal records (five times of business obstruction, one time of obstruction of performance of official duties, one time of fines), and considering the overall sentencing conditions such as the defendant's age, character and conduct, environment, circumstances after the crime, etc., the defendant's punishment imposed by the court below is unreasonable. 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 on the ground that the defendant's appeal is groundless.