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(영문) 서울북부지방법원 2015.07.28 2015노696
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (two million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. Although the determination of the court below seems to be against the defendant's wrong recognition and living conditions are very difficult, and the defendant seems to have committed the crime of this case in a contingent manner under the influence of alcohol, the defendant is deemed to have been sentenced to a fine and imprisonment twice with prison labor. However, the defendant not only has been punished by a fine for the same kind of crime of this case, but also has the criminal records subject to suspended execution of imprisonment, which have been punished twice as imprisonment, and the defendant did not receive a letter from the victim due to an agreement with the victim, and other circumstances that form the conditions for sentencing as shown in the records, such as the motive and background leading up to the crime of this case, the circumstances before and after the crime of this case, the defendant's age, character and behavior, environment, occupation, and family relation, it cannot be deemed that the sentence imposed by the court below is too unreasonable.

3. As such, 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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