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(영문) 울산지방법원 2017.12.01 2017노1139
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below against the defendant on the summary of the defendant's grounds for appeal (the punishment amounting to three million won) is too unreasonable.

2. We examine the judgment. The crime of this case is a contingent crime that the defendant committed under the influence of alcohol, the defendant reflects the mistake while committing the crime in depth while committing the crime, and treats the mental behavioral disorder, etc. by alcohol for the prevention of recidivism, and the fact that the defendant agreed smoothly with the victim at the investigation stage is favorable to the defendant.

On the other hand, in light of the background and method of the instant crime, degree of damage, and circumstances after the instant crime, etc., the nature and circumstances of the crime are relatively relatively less somewhat poor, and the Defendant committed the instant crime during the period of suspension of execution after being sentenced to six months of imprisonment and two years of suspension of execution on July 2016, and being sentenced to a suspension of execution, and being sentenced to two years of suspension of execution, etc., and there are other unfavorable circumstances against the Defendant. In full view of all the sentencing conditions indicated in the instant pleadings, such as the Defendant’s economic condition, health status, age, sexual behavior, environment, and conditions after the instant crime, the lower court’s punishment seems to be deemed to be reasonable and appropriate, and is unreasonable.

Therefore, the defendant's assertion is without merit.

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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