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(영문) 서울동부지방법원 2016.10.21 2016노1255

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The determination that the Defendant is trying to treat violent inclinations caused by mental illness while against his mistake. The fact that the victim of the crime interfering with the business of this case is not subject to the punishment of the Defendant may be considered as materials for sentencing favorable to the Defendant. However, the content and result of each of the crimes of this case can be considered as materials for sentencing in favor of the Defendant. However, the Defendant has been punished for violent crimes of this case, and it has reached six times the past five years, and in particular, the Defendant was sentenced to imprisonment with labor for not more than ten months due to special property damage in 2015 and completed the execution of the sentence on May 22, 2016, the Defendant again committed each of the crimes of this case since he was sentenced to imprisonment with labor for not more than one week, and the sentence imposed by the lower court is not excessive when comprehensively taking into account various sentencing conditions indicated in the records of this case, such as the Defendant’s age

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.