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(영문) 서울중앙지방법원 2018.04.12 2017노4860

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal - The punishment imposed by the court below (2 million won) shall be excessively unreasonable in light of various circumstances, including the age, family relationship, and circumstances after the commission of the crime, etc.

2. Determination

A. There is no favorable circumstance for the defendant, such as the fact that the defendant's mistake is recognized, and the defendant is making efforts to improve bad drinking habits after the crime of this case by receiving counseling, etc., and that the defendant is older than 70 years old.

B. However, the Defendant committed the instant crime even though he had the same record of eight times or more of punishment. In full view of the record of the instant crime and the result of the instant crime, including the circumstances after the commission of the crime, and whether the victim’s actual damage was recovered, the lower court’s sentence is excessively heavy.

It does not seem that it does not appear.

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