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(영문) 서울동부지방법원 2014.07.11 2014노549
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (two million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. The judgment of the court below is a favorable condition for the defendant, such as the fact that the defendant has divided his mistake into and reflected against his depth, that the defendant agreed with the victim E of the crime interfering with the business of this case in an investigative agency, that each of the crimes of this case appears to have been committed contingent under the influence of alcohol, and that the defendant seems to have a considerable difficulty in economic situation, such as the defendant's support for his age as a basic living beneficiary, but the court below seems to have already reduced part of the fine prescribed in the summary order considering all of such circumstances. The defendant had been punished for the same kind of crime, even if he had had had the record of punishment for the same kind of crime, and the defendant has committed each of the crimes of this case even before, even though he had been punished for the same kind of crime, there has been unfavorable circumstances, such as the defendant's motive, means and result, the defendant's age, character and behavior, intelligence, environment and criminal record, etc., the court below's punishment against the defendant cannot be accepted.

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

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