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(영문) 의정부지방법원 2016.10.04 2016노2013

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to confession and reflects the instant crime.

B. However, in light of the fact that the defendant was punished for the same or a similar crime, and even though he had served several times of imprisonment, again commits each of the crimes of this case during the repeated crime period, the crime is very poor, the victims have not been agreed, and no measures have been taken to avoid the victims, there is no special change in circumstances after the decision of the court below, and other circumstances that form the conditions for sentencing specified in the argument of this case, such as the defendant's age, circumstances leading to the crime, and circumstances after the crime, etc., even if considering the favorable circumstances of the above defendant, the court below's punishment 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.