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(영문) 의정부지방법원 2017.11.20 2017노2809
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (4 months of imprisonment) is too unreasonable.

2. The fact that the Defendant’s mistake is against the Defendant, and the amount of damage is not significant, etc., are favorable to the Defendant; however, the Defendant was punished by a fine several times due to the commission of a crime without prison labor on July 5, 2016; in particular, the Defendant was sentenced to imprisonment for eight months and two years of suspension of execution on July 5, 2016; the Defendant again committed a crime without prison labor despite being sentenced to a fine by hindering the restaurant’s business on September 5, 2016 during the suspension of execution; the Defendant committed a crime without prison labor even if he was sentenced to a fine by hindering the restaurant’s business; further, the Defendant obstructed the main business; the damage was not recovered; and the details leading to the instant crime; the circumstances leading to the instant crime; the Defendant’s age after the commission of the crime; and other various sentencing factors indicated in the record, such as the Defendant’s sexual behavior and environment, and thus, it cannot

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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