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(영문) 서울북부지방법원 2020.11.19 2020노499
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 400,00) of the lower court against the Defendant is too unreasonable.

2. The lower court rendered a sentence to reduce a fine under a summary order in consideration of the fact that the Defendant is aged, the Defendant is against the aged, and the current economic situation is very difficult.

However, in full view of the following facts: (a) the grounds for sentencing alleged by the Defendant in the trial at the lower court appears to have been considered in the sentencing; (b) there is no new circumstance to consider the sentencing after the sentence of the lower judgment; (c) there is no change in the conditions of sentencing compared with the first instance court; and (d) where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015).

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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