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(영문) 인천지방법원 2016.09.02 2016노2541
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. Although there are favorable circumstances for the defendant, such as the fact that the defendant recognized his mistake and reflects, and that the defendant agreed smoothly with the victim when it comes to the trial, the defendant has a history of criminal punishment several times for the same kind of crime. However, in light of the fact that the defendant committed the crime of this case without being aware of during the suspension period of execution due to the same kind of crime, the risk of recidivism seems to be very high in view of the crime of this case, and in consideration of all the sentencing conditions specified in the argument of this case, such as the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, etc., the sentence imposed by

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

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