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(영문) 수원지방법원 2020.11.13 2020노4318
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (two years and six months of imprisonment) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area of the first instance court regarding the determination of sentencing, and where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the appellate court

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant recognized all of the instant crimes.

However, although the defendant had been punished several times for the same crime, he again committed the crime of this case during the period of repeated crime due to the same crime.

The defendant committed the crime of this case repeatedly for about two months, and has been arrested as a flagrant offender to the police several times, and has continued to commit the crime even after being investigated.

There was no recovery of damage caused by the instant crime, and there was no fact that the Defendant made a serious effort to recover damage.

There is no change in the circumstances that may change the punishment of the court below in the trial.

In addition, when comprehensively considering the sentencing conditions, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentence cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion.

3. Therefore, 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. It is so decided as per Disposition

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