logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2021.01.13 2020노3432
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the Defendant confessions and reflects the Defendant, and that there is no record of punishment exceeding the fine by the Defendant.

However, in full view of the various circumstances shown in the records and pleadings, such as the fact that the defendant committed a crime against the victim continuously, the fact that the victim seems to have suffered considerable mental or property damage due to the defendant's crime in this case, the damage recovery was not achieved, and the victim was not taken from the victim, etc., the punishment sentenced by the court below against the defendant is not heavy.

3. According to the conclusion, 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.

arrow