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(영문) 대구지방법원 2020.10.15 2020노2429
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.

2. The judgment of the Defendant reflects the Defendant’s acknowledgement of each of the instant crimes and misjudgments against the mistake, and that the Defendant would have committed a contingent crime in the state of exploitation and thus be treated as alcohol in the future. The victim C’s failure to punish the Defendant would be favorable to the Defendant.

However, in light of the fact that the defendant had been punished several times for the same criminal records, he again committed the crime of this case during the repeated crime period, and that the first crime of interference with business was investigated by the investigative agency, and that the second crime was committed, the responsibility of the defendant for the crime is not easy.

In addition, considering the various circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive and background, means and consequence of the crime, and the scope of recommended sentences according to sentencing guidelines, and new circumstances or special changes in circumstances that are likely to be reflected in sentencing after the sentence of the lower judgment, it is not recognized that the sentence imposed on the Defendant is too unreasonable.

Therefore, the defendant's ground of appeal is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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