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(영문) 서울서부지방법원 2017.08.31 2017노734
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. There are favorable circumstances, such as the fact that the defendant reflects the mistake, that the defendant is old and healthy, and that the degree of damage of the victims is not very serious.

However, in full view of the fact that the Defendant had been punished several times due to fraud, violence, disturbance of duties, damage to property, etc., and that the Defendant committed the instant crime at 16 days prior to and after the sentence was completed due to the commission of obstruction of duties, etc., the Defendant committed the instant crime, which was not supported by the victims’ recovery, and other various conditions of sentencing as shown in the records and arguments, such as the Defendant’s character, conduct, environment, and criminal conduct, the sentencing of the lower court cannot be deemed to be unfair because it exceeded the reasonable scope of discretion.

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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