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(영문) 서울북부지방법원 2018.08.16 2018노1044
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the reasons for appeal is too unreasonable.

2. Although there are no circumstances that may be considered in light of the circumstances, such as the fact that the Defendant recognized all of the instant crimes from the original instance to the point of view, the lower court appears to have rendered a sentence by fully considering such circumstances, and it is reasonable to respect the sentencing of the lower court in this case where there is no change in circumstances that may be newly considered in sentencing after the pronouncement of the lower judgment.

In addition, even if considering the following conditions, such as the Defendant’s character and conduct, family environment, motive, means and consequence of the crime, the circumstances after the crime was committed, the sentencing judgment of the lower court exceeded the reasonable scope of discretion, even if examining all the conditions of sentencing indicated in the instant pleadings, such as the following: (a) the Defendant was indicted on December 18, 2017 High Order 5432; and (b) the receipt of the duplicate of the indictment on December 28, 2017; and (c) the Defendant went to the same kind of crime as the Defendant was committed on December 28, 2017.

It does not seem that it does not appear.

Therefore, the defendant's argument cannot be accepted.

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

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