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(영문) 광주지방법원 2020.05.19 2019노1500
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 4 months, 2 years of suspended sentence, 500,000 won, and probation) of the lower court is too unreasonable.

2. Determination is an element for sentencing favorable to the Defendant, such as the fact that the Defendant recognized each of the instant crimes, that the Defendant did not want to be punished by the Defendant, that is, the victim of business interference and influence fraud, and that C is endeavoring to treat alcohol addiction, which is the fundamental cause of the instant occurrence.

On the other hand, there are several criminal records against the defendant, and there are several criminal records against the defendant, and the defendant is dissatisfied with the investigation of business obstruction and forceless fraud, and the defendant is under the influence of alcohol and the disturbance in the police station is an unfavorable sentencing factor against the defendant.

In addition, the lower court did not change the sentencing conditions that may be newly considered in this court compared to the lower court, comprehensively taking into account the above factors of sentencing.

In addition, considering the Defendant’s age, character and conduct, criminal records, motive and circumstances leading to each of the instant crimes, and all of the sentencing conditions indicated in the instant pleadings, such as circumstances after the crime was committed, the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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