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(영문) 서울중앙지방법원 2021.01.20 2020노2874
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant did not refuse the request of the Customer and caused the crime of this case, the crime is against himself, and there is no previous conviction, and there is no economic difficulty, the sentence of the court below (five million won) is too unreasonable.

2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of the factors revealed in the pleadings of the instant case including the content and frequency of the instant crime, damage inflicted on the victimized company, motive and circumstance of the instant crime, etc., the sentencing of the lower court exceeded the reasonable scope of discretion because the sentencing of the lower court is too excessive.

It does not appear.

The defendant's argument of sentencing is without merit.

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 without merit. It is so decided as per Disposition.

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