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(영문) 인천지방법원 2016.06.03 2016노1164

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) against the Defendant is too unreasonable.

2. It is recognized that the Defendant made a confession of all criminal facts and reflects on the fact that he/she was committed, and that the Defendant agreed with the victim D. On the other hand, the Defendant’s assertion is without merit, considering the following: (a) the Defendant had a history of punishment more than twice including the same criminal records; (b) the Defendant again committed the instant crime during the repeated crime period; (c) there is no special circumstance or change in circumstances that may be considered in the sentencing after the judgment of the lower court was rendered; and (d) other circumstances that are conditions for sentencing as indicated in the record, such as the Defendant’s age, sex and environment, motive, means and consequence of the crime; and (b) there are no other circumstances that are conditions for sentencing, such as

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