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(영문) 춘천지방법원 강릉지원 2014.10.07 2014노358
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. The judgment of the defendant is a favorable circumstance for the defendant, such as the fact that the defendant led to the confession of the crime, the defendant was treated several times with alcohol dependence, and the crime of this case also committed under the influence of alcohol, the fact that the crime of this case was committed under the influence of alcohol, and the fact that the defendant agreed with the victim is relatively little damage.

On the other hand, the fact that the method of committing the instant crime was inadequate, that the Defendant had been punished several times as an act of violence, and that the instant crime was committed during the period of repeated crime is disadvantageous to the Defendant.

In full view of the sentencing conditions indicated in the instant case, including the aforementioned various circumstances, including the Defendant’s age, occupation, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the lower court’s sentence is too unreasonable.

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

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