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(영문) 서울북부지방법원 2015.02.10 2014노1435
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty imposed by the court below on the defendant (three million won of a fine) is too unreasonable.

2. The judgment is based on the circumstances that are favorable to the defendant, such as: (a) the defendant's mistake is recognized and has been against the depth of the defendant; (b) the person with a disability of grade 1 with mental or physical disorder is extremely difficult living conditions; and (c) the defendant has reached an agreement with the victim at the court below, but the defendant has already been punished by imprisonment and a fine several times due to the same crime; and (d) the defendant has committed each of the crimes in this case during the period of repeated crime for which 6 months have not yet passed since he/she was sentenced to imprisonment for the same crime and for whom 8 months have not yet passed since the execution of the sentence was completed; and (e) other circumstances that are disadvantageous to the defendant during the period of repeated crime, such as the motive and background leading up to each of the crimes in this case, the defendant's age, character and conduct, environment, and family relations, it cannot be said that the sentence

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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