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(영문) 서울남부지방법원 2018.11.22 2018노1382
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) follows: (a) the Defendant reflects his mistake; (b) each of the crimes of this case is an intentional and contingent crime; (c) the agreement with some victims was reached; and (d) the remaining victims were making efforts to reach an excessive agreement; and (e) the Defendant is receiving treatment for alcohol addiction when released at once, and is living in good faith, it is unfair that the sentence of the lower court (a year and six months, and confiscation) is too unreasonable.

2. It does not seem that new circumstances or special changes are likely to be reflected in sentencing after the decision of the lower court was rendered.

Considering the circumstances alleged by the Defendant, the following facts are considered: (a) each of the instant crimes is considerably inferior in light of its circumstances and methods; (b) the circumstances after the crime are not good; (c) the Defendant has been subject to criminal punishment more than 50 times; (c) most of them began to commit the instant crime; and (d) each of the instant crimes was concentratedly committed for a period of 5 months after the completion of the execution of imprisonment with prison labor due to assault, etc.; and (d) the Defendant did not endeavor to improve his wrong character and conduct and conduct, and thus, is also committing the instant crime for a period of 5 months. In full view of the following, the sentencing of the lower court does not seem to have exceeded a reasonable discretion, and thus, is too heavy.

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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