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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2019.05.02 2019노355
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 10 months of imprisonment) by the lower court is too unreasonable.

2. The Defendant, who made a judgment, led to confession and reflects the facts charged.

In consultation with the victim, the victim does not want the punishment of the defendant.

However, the crime of this case interferes with the business of the victim by exercising power, such as threatening the defendant to take a serious bath and threaten drinking, and is not good in light of the circumstances and contents of the crime.

The Defendant had a record of criminal punishment at a set of times, including the same crime, and even though it is a repeated crime due to the same crime, has reached the crime of this case.

Since repeated punishment is also imposed on the defendant continuously commits the same offense, the risk of recidivism is very high.

In addition, comprehensively taking into account the following circumstances, such as the Defendant’s age, character and conduct, motive and background of the offense, and circumstances after the offense, etc., the sentencing of the lower court cannot be deemed as being excessively unreasonable because it goes beyond the reasonable discretion.

The defendant's assertion 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 it is without merit. It is so decided as per Disposition.

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