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의정부지방법원 2016.10.13 2016노1928

The defendant's appeal is dismissed.


1. The court below found the victim F, L, and X guilty of interference with the business of the victim D among the facts charged in the instant case, each insult of the victim F, L, and X, and each fraud against the victim G, M, R, and Z, and sentenced the judgment dismissing the prosecution against each assault against the victim AB and Z. The defendant appealed only against the guilty part, and the prosecutor did not appeal, and the dismissal of prosecution against the defendant and the prosecutor did not appeal is confirmed. Thus, the court below's judgment is limited to the above guilty part.

2. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

3. The fact that the defendant repeatedly commits a crime against the general public, such as fraud, insult, obstruction of business, etc. while the trial of the court below is pending, and insulting the police officers in charge of the case against himself is not likely to commit such crime.

It seems that the defendant did not agree with most victims to take part in the trial.

The defendant has the same kind of meetings and criminal records of different classes.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime was committed, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s sentence cannot be deemed to be too unreasonable.

Therefore, the defendant's assertion is without merit.

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