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(영문) 울산지방법원 2018.11.22 2018노896
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.

2. As to the reasons for appeal of this case, the fact that the defendant recognized the crime of this case and reflects the depth thereof, that the injured person does not want the punishment of the defendant by agreement with the victim, and that there is an old age and disability of class 6 in the Section 6 that the defendant does not want to be punished, etc.

However, in light of the fact that the Defendant has been punished several times for violent crimes (12 times of punishment and 10 times of punishment), the Defendant was sentenced to imprisonment with prison labor for 10 months due to the crime of injury, etc., and committed the instant crime again during the period of repeated crime; the circumstances after the arrest and detention of the police officers are very poor, such as abusiveing or insulting the police officers; and the Defendant’s tendency, history of punishment, etc., it is difficult to expect improvement of the Defendant’s personality and behavior.

In addition, when comprehensively considering the defendant's age, sexual conduct, environment, family relationship, motive, means, consequence, etc. of the crime in this case, all the sentencing conditions and the scope of recommended punishment [the scope of punishment [the scope of punishment for the defendant is too unreasonable because the defendant's punishment imposed by the court below is too excessive, in light of the whole types of punishment conditions and sentencing guidelines (the obstruction of duties) as shown in the arguments in this case and the records, such as the circumstances after the crime.

3. 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.

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