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(영문) 서울서부지방법원 2017.11.09 2017노943
권리행사방해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unreasonable.

2. The favorable circumstances are that there is no particular history of punishment against the defendant, and that the defendant recognized the crime of this case and reflected against him.

However, the defendant did not receive a letter from the injured party, and there is no particular change in circumstances in the trial.

In addition, the court below decided the amount of fine by taking into account the favorable circumstances of the defendant.

In full view of the various circumstances, such as equity with cases of the same kind of crime, the age, sex, intelligence and environment of the defendant, the background leading to the crime of this case, the means and method of the crime, and the circumstances after the crime, etc., the court below’s punishment cannot be deemed unfair because it is too unreasonable. Thus, the above assertion by the defendant cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed. It is so decided as per Disposition.

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