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(영문) 서울남부지방법원 2015.12.18 2015노1568
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one hundred months of imprisonment and a fine of five hundred thousand won) is too unreasonable.

2. Determination

A. As to the assertion of unfair sentencing, it is recognized that the Defendant has led to the confession and reflect of all the crimes of this case, and there is no record of having been sentenced to punishment.

However, in light of the circumstances and contents of the crime of this case, the crime of this case is not good, and in particular, the defendant was punished once by a fine due to the crime of interference with business against the victim D, and the defendant was punished by a suspended sentence one time, and again, committed the crime of interference with business of this case against the same victim. The defendant committed the crime of interference with business of this case two times before and after the crime of interference with business, five times before and after the crime of interference with business, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age and behavior environment, circumstance before and after the crime, etc., it is not recognized that the sentence against

B. As to the application of statutes, Article 3(3)1 of the Punishment of Minor Offenses Act and Article 3(3)2 of the Punishment of Minor Offenses Act apply mutatis mutandis to the applicable provisions of the applicable provisions to “the point of disturbance for revocation at government offices” in the facts stated in the judgment of the court below, and Article 3(3)2 of the Punishment of Minor Offenses Act, and the court below stated each applicable provisions of the applicable

However, this cannot be said to be a simple clerical error or error that affected the conclusion of the judgment, so it is not a reason to reverse it ex officio, and it is judged to be unreasonable even if it is not corrected in this decision in accordance with Article 25 of the Regulation on Criminal Procedure.

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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