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(영문) 서울서부지방법원 2018.01.25 2017노1475

권리행사방해

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (three months of imprisonment) is too unreasonable.

2. The judgment of the defendant recognized his mistake and reflects his depth, and there is no record of punishment for the same kind of crime, and there is no reason to consider the benefits earned from the crime of this case as they are not significant.

However, the defendant did not recover damage to the victim and did not receive a letter, and there is no significant change of circumstances in the trial.

In addition, in full view of the following circumstances: (a) the lower court determined a short term of punishment by taking into account the favorable circumstances of the Defendant; (b) equity with the same kind of case where damage is similar to the extent of damage; and (c) the Defendant’s age, sexual conduct, intelligence and environment; (d) the background leading to the instant crime; (b) the means and methods of the instant crime; and (c) the circumstances after the commission of the crime, etc., the lower court’s punishment cannot be deemed to be unfair

3. In conclusion, the defendant's appeal of this case is dismissed. It is so decided as per Disposition.