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(영문) 서울동부지방법원 2015.04.24 2014노1841
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court against the Defendant is too unreasonable.

2. It is recognized that the judgment is against the defendant's wrong and the victim does not want the punishment of the defendant.

However, in full view of the following circumstances: (a) the Defendant was unable to be punished by interfering with his/her duties by notifying his/her criminal tendency or overstating his/her ability; (b) the Defendant had been sentenced once a fine is imposed due to the crime of interference with business; (c) the Defendant has been sentenced once a suspended sentence and seven times a fine due to violent crimes; (d) the Defendant did not present any circumstance to change the sentence of the lower court in the trial; and (e) other circumstances that are conditions for sentencing, such as the Defendant’s health, age, occupation, etc.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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