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(영문) 서울남부지방법원 2015.10.16 2015노1279
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the punishment for 10 months sentenced by the court below is too unreasonable in light of the circumstances such as the fact that the defendant is against the defendant, the suffering of depression and alcohol, and the crime of interference with business was committed by violence by the victim, but the defendant did not want the punishment, but did not constitute the crime.

In light of the fact that the defendant is led to the confession of and against the crime, the punishment of the defendant has reached fifty times, which includes the history of punishment for the same kind of crime, each of the crimes of this case is a crime committed during the repeated crime period, according to the records, the use of violence against the defendant by the victim of the crime of interference with business is not recognized, there is no effort by the defendant for the repayment of damage, and other circumstances, such as the defendant's age, character and behavior, character and character, intelligence and environment, motive, means and consequence of the crime, etc., the punishment imposed by the court below is appropriate, and it is not deemed unfair because it is excessively unreasonable.

Therefore, 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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