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(영문) 부산지방법원 2018.10.19 2018노2854
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment is excessive and unfair (one month of imprisonment with prison labor) (the Defendant explicitly withdraws his claim for mental and physical weakness from the trial date of the first instance trial of the first instance court; however, the Defendant stated to the effect that it would be changed in light of the circumstances). 2. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment, and the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the Defendant recognized the crime and goes against the depth of the offense, and the fact that the Defendant is living together with his mother and supported by himself is favorable.

On the other hand, however, the degree of interference with the business of this case is not minor, it is not agreed with the victims, and there is a history of criminal punishment for the same kind of crime.

In light of the above circumstances, the lower court did not change the sentencing conditions to be separately determined by the lower court on the grounds that the sentence was determined in consideration of the above circumstances, and the new sentencing materials have not been submitted in the trial.

In addition, the lower court’s sentencing is deemed appropriate in light of the following circumstances, including the Defendant’s criminal history, age, sexual conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime. The lower court’s sentencing is deemed to be excessively heavy, beyond the reasonable scope of discretion.

It does not seem that it does not appear.

The defendant's argument of sentencing is not accepted.

3. 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 groundless.

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