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(영문) 서울북부지방법원 2018.12.20 2018노1844
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The court below sentenced the defendant to the above punishment with regard to the reasons for appeal, as stated in its reasoning, and it is reasonable to respect the sentencing of the court below in this case where there is no change in circumstances that can be newly considered in the trial of the court.

The Defendant was arrested and released as a flagrant offender in the 2018 Goman 2901 case, and came to commit the crime of the 2018 Godan 3153, and the thief was not recovered.

In addition, even if examining all the conditions of sentencing specified in the pleadings of the instant case, such as the character and conduct of the Defendant, home environment, motive of the crime, and circumstances after the crime, the judgment of the lower court that sentenced the lowest sentence within the scope of the applicable sentences exceeded the reasonable scope of discretion.

It does not seem that it does not appear.

Therefore, the defendant's assertion is without merit.

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

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