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(영문) 광주지방법원 2017.09.19 2017노2526
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The Defendant recognized the instant crime and agreed with the victim.

However, the Defendant committed the instant crime again at the time of eight months after having been sentenced to imprisonment for the same crime of violence and then discharged from prison.

The defendant has been punished 11 times in total for violent crimes, including two times of imprisonment and the suspension of the execution of imprisonment, even before this time.

In addition, there is no change in the circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not recognized as 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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