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(영문) 대전지방법원 2020.08.05 2019노2468
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable in view of the following: (a) the Defendant committed the instant crime; (b) it is extremely difficult to take economic circumstances into account the circumstances leading to the instant crime; and (c) there are circumstances that actively cooperate in the investigation as well as the fact that the Defendant actively participated in the instant investigation.

2. Determination

A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). B.

In light of the above legal principles, the above circumstances alleged by the Defendant as favorable factors for sentencing in the trial are deemed to have been sufficiently taken into account when determining the sentence in the court below. In addition, when considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc. as well as the circumstances in which new sentencing materials that could change the sentence of the court below were not added in the trial at the trial, the court below’s sentencing is deemed to be appropriate and it cannot be deemed to be unfair because it is too unreasonable.

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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