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(영문) 광주지방법원 2019.11.28 2019노2447
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The fact that both parties agreed with the victims of the judgment, and that the defendant recognized each of the crimes of this case and reflected, etc. are favorable to the defendant.

On the other hand, the Defendant committed the instant crime again during the period of repeated crime immediately after the Defendant was sentenced to a punishment for the same kind of crime and was released from the prison, and the Defendant was arrested on June 14, 2019 and was released on the commission of business obstruction on July 5, 2019, it seems that the risk of recidivism is high by again interfering with business, causing damage to property, and fraud. In the case of the crime committed on July 5, 2019, the crime committed on July 5, 2019, which interferes with the duty of six hours, and the quality of the crime is bad, and after the arrest on July 5, 2019, the circumstances after the crime are spiting with the police officer in the detention room are also unfavorable to the Defendant.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the lower court’s punishment is too unreasonable and unreasonable. Therefore, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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