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(영문) 부산지방법원 2017.05.26 2017노667
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of suspended sentence of four months, one year of suspended sentence of imprisonment, and one observation of protection) is too unreasonable.

2. The judgment of the defendant is recognized that the defendant led to the confession of the crime, and his mistake is divided, and that he agreed with the victim.

However, in light of the fact that the Defendant has been sentenced to a fine, suspension of execution, and punishment for a total time due to violent crimes, and that there was the record of punishment for the same kind of crime among them, and that the liability for the crime is not less than that of the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and the scope of recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, such as the circumstances after the instant crime, are considered, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the assent of all participating Justices (see, e.g., Supreme Court Decision 200Da36444, Apr. 1, 200).

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