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(영문) 부산지방법원 2020.09.24 2020노2125

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (eight months of imprisonment) shall be too unreasonable, because of the gist of the grounds for appeal.

2. Determination

A. According to the records, the court below determined the punishment by taking into account various factors of sentencing, including the fact that the nature of the crime is inferior in light of the details and methods of the crime, the fact that the damage was not recovered, the fact that the punishment was imposed for the same kind of crime, the fact that the same crime was committed when the crime was committed again during the period of repeated crime, the fact that the mistake was divided, the degree of damage was not serious, and the extent of damage was not excessive.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

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.