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(영문) 의정부지방법원 2019.06.20 2019노145
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is undue.

2. As a result of the appellate court’s examination of whether the sentencing of the first instance is unfair, unless there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, this shall be respected as

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court committed the instant crime on the grounds of sentencing (i.e., the confession of all criminal conduct, the degree and frequency of assault and interference with business, and the repeated period due to drinking driving; and (ii) the Defendant also received a summary order of KRW 1 million by interfering with business conducted at the head office operated by the victim around that time, other than the instant crime; and (iii) the Defendant appears to have reported the victim’s head office several times and filed an application for prohibition of access; (iv) it appears that the victim was suffering from considerable mental pain, such as reporting the victim’s head office several times and filing an application for prohibition of access; and (v) all of the sentencing conditions shown in the records and pleadings of the instant case (i.e., the Defendant’s act of assault at the head office operated by women in the night, and (v) the Defendant did not appear to have been able to take into account the following circumstances: (v) the Defendant’s obligation and the Defendant’s disease of the victim.

3. Conclusion.

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