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(영문) 대구지방법원 2015.01.30 2014노4380
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court found the Defendant guilty of the remainder of the facts charged against the Defendant except for insult, and sentenced the Defendant to six months of imprisonment, and dismissed the public prosecution regarding insult.

As to the judgment of the court below, the defendant appealed against the conviction portion on the ground of unfair sentencing, and the prosecutor did not appeal.

Therefore, the dismissal part of the judgment of the court below in this case is separated from the prosecutor's appeal, and thus, it is limited to the conviction part of the judgment below.

2. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

3. The judgment of the court below committed each of the crimes of this case without being aware of the fact that the defendant made confessions of all of the crimes of this case and is against the law, and that the defendant has no record of criminal punishment exceeding the suspension of execution. However, although the defendant committed the crimes of this case without being aware of the fact that he had been punished nine times due to violent crimes (two times of suspension of execution of punishment, seven times of fines), two times due to the crime of obstruction of business (two times of fine), the defendant did not reach an agreement with the victims up to the trial, and other factors such as the defendant's age, character and conduct, environment, means and method of the crime of this case, and the motive of the crime are considered, the court below's punishment is unreasonable. Thus, the above argument of the defendant

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

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