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(영문) 대전지방법원 2020.12.10 2020노2953
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court sentenced the dismissal of prosecution as to the intimidation among the facts charged in the instant case and sentenced the remainder of the facts charged.

Since only the defendant appealed against the guilty portion of the judgment below, the dismissal of prosecution was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

3. Where there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). As stated in the grounds for sentencing, the lower court determined a sentence in consideration of the circumstances favorable to and unfavorable to the Defendant. The lower court did not change the sentencing conditions of the lower court on the grounds that no new sentencing data was submitted in the trial, and taking into account all the sentencing conditions of the Defendant’s age, character and conduct, environment, family relationship, circumstances and consequence of the crime

4. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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