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(영문) 수원지방법원 2016.11.25 2015노4537
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 1.5 million (a fine of KRW 1.5 million) is too unreasonable.

2. The fact that the victim does not want to punish the defendant is a sentencing condition favorable to the defendant.

However, in full view of the following circumstances: (a) the Defendant’s crime of this case was committed without any particular reason to interfere with the duties of the victim who is a restaurant operator; (b) the Defendant’s liability is not less than that of the Defendant; (c) the Defendant was subject to criminal punishment for violent crimes; (d) the lower court appears to have determined the penalty by reducing the fine amount (2 million won) of the summary order by taking into account the favorable sentencing conditions of the Defendant; and (e) there is no change of circumstances that the lower court would change the sentence in the first instance trial; and (e) other circumstances that are the conditions for the sentencing specified in this case, such as the Defendant’s age, character and conduct, environment, family relationship, etc.,

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.

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