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(영문) 서울중앙지방법원 2018.09.07 2018노1706
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (eight months of imprisonment and one month of imprisonment) is too unreasonable.

Judgment

In full view of the following circumstances: (a) the Defendant is against the confession of a crime; and (b) the Defendant is against the principle of equity with the case in which the judgment becomes final and conclusive; (c) the Defendant committed a crime of interference with business during the period of repeated crime; (d) the record of criminal punishment has already been multiple times prior to committing the instant crime; (c) the damage from the crime was not recovered; (d) there was no change of circumstances that may consider the sentencing after the judgment of the lower court; and (e) other various circumstances that form the conditions for sentencing as specified in records and pleadings, each of the lower judgment’s punishment is too excessive and unreasonable, and thus, the Defendant

Therefore, 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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