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(영문) 수원지방법원 2015.12.08 2015노5987
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal by the Defendant (unfair form of punishment) and the fact that the Defendant commits each of the instant crimes by drinking alcohol and contingently, the degree of damage caused by each of the instant crimes is relatively minor, and if the period of detention is prolonged, the relationship with N in the living together may be broken down, it is unreasonable for the lower court to impose an order to complete a sexual assault treatment program for 6 months and 40 hours, which is too unreasonable.

2. In light of the circumstances alleged in the grounds of appeal and the purport that the victim who interfered with business did not want to be punished by the defendant, the court below’s punishment is without merit, taking into account the following factors: (a) the defendant was sentenced to five years of imprisonment due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) at the Jeonju District Court on January 25, 2002; and (b) the records of criminal punishment are several times; and (c) the victim did not recover from damage up to the trial; and (d) other matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the motive and background of each of the crimes in this case; (e) the circumstances before and after the crime in this case; (e) the degree of damage; and (e) the character and conduct of the defendant as expressed in the records and arguments in this case

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

However, the facts of the judgment below are clearly stated in the third sentence of interference with the business of Article 2014-Ma1379(1) of the Regulations on Criminal Procedure, and thus, the correction is made to correct it in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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