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(영문) 의정부지방법원 2020.09.10 2020노1623
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one hundred months of imprisonment, No. 10 months of imprisonment) is too unreasonable.

2. The defendant shows an attitude against the mistake.

The Defendant received long-term medical treatment due to alcohol existence, depression, etc., and such illness appears to have affected the instant crime.

The amount of damage caused by fraud is not much high.

On the other hand, the defendant committed a variety of crimes.

Many victims were victims and did not recover damage.

The Defendant committed the instant crime of interference with business even if he was punished seven times or more, and in particular, after the completion of the punishment due to the crime of interference with business, the Defendant committed the crime of interference with business on March 5, 2019 during the period of repeated crime.

The method or content of the crime is not good, such as throwing away a handker to be asked or threatening to die.

In the process of committing the crime, the Defendant continued to be aware of the law and order even though he was arrested on two occasions with arrest warrant, and was released upon investigation.

In addition, even if we consider the various sentencing factors in the arguments, such as the defendant's age, living environment, motive and background of the crime, relationship with victims, circumstances after the crime, and criminal records, and the sentencing guidelines of the Supreme Court in detail by the court below, the sentence of the court below that sentenced a minor sentence than the lower limit of the sentencing guidelines is too unreasonable.

The Defendant’s assertion of unfair sentencing is difficult to accept.

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

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