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(영문) 부산지방법원 2018.03.30 2018노179
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment defendant led to the confession of the crime and divided his/her mistake, suffering from mental illness such as bipolartic disorder and symptoms of alcohol, and agreed with the victim.

However, considering the fact that the Defendant committed the instant crime without being aware of the period of repeated crime due to interference with duties, etc., as well as the fact that there is no change in circumstances that would otherwise determine the age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, the lower court’s punishment is too unreasonable, considering all of the sentencing conditions stated in the pleadings of the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act on the ground that the “Article 37(1)2, and Article 50 of the Criminal Procedure Act,” among the judgment below, is clearly added by mistake, since it is obvious that the “Article 37(1)2, and Article 50 of the Criminal Procedure Act,” which is the column of the application of the Act on the Punishment of Concurrent Crimes, has been deleted ex officio pursuant to Article 25(

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