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(영문) 창원지방법원 2017.01.18 2016노3074
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. The fact that the Defendant recognized the instant crime at the latest and did not repeat the crime, and that the Defendant agreed smoothly with the victim, etc. is favorable.

However, the crime of this case was committed by force by the defendant, which is not good enough to commit the crime, and the defendant has been punished several times, including imprisonment with prison labor due to violent crime, and in particular, on December 2015, by the violation of the Punishment of Violences, etc. Act (injury to group deadly weapons, etc.) in the Changwon District Court Support around the Changwon District Court, the crime of this case was committed without being aware of the fact that he was sentenced to a suspended sentence of two years in the year and June of the suspension period and without being aware of it during the suspension period.

Considering the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., as well as the aforementioned circumstances, various sentencing conditions indicated in the instant records and arguments, the lower court’s sentencing cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain them as they are.

Therefore, the defendant's argument of sentencing is without merit.

3. In conclusion, 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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