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(영문) 대구지방법원 2020.08.27 2020노1958
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.

2. The judgment of the court below, despite the fact that the defendant recognized each of the crimes of this case as well as reflects his mistake, is not sufficient in light of the course of the crime of this case and the method of the crime of this case, and the victim seems to have suffered considerable mental damage in addition to business damage; the defendant was punished for violent crimes including the same kind of crime; the defendant committed the crime of this case without being aware of it even though he was a repeated crime of the same kind of crime; the defendant was not aware of it up to the trial; and the defendant did not receive suspicion from the victim until the trial; and other various circumstances, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence, which are conditions for sentencing, and new circumstances or changes in special circumstances that can be reflected in sentencing after the sentence of the court below, it is not recognized that the sentence of the defendant is too unfair

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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