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(영문) 서울동부지방법원 2020.10.15 2020노635
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court against the Defendant is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the fact that under the influence of alcohol, the Defendant interfered with the restaurant business by violent means without any particular reason, the Defendant was sentenced to a fine for the same kind of crime, a conviction of imprisonment, and a significant change in the sentencing conditions compared with the original judgment, etc., the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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