logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.07.09 2017노2745
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 3,000,000) is too unreasonable.

2. The circumstances are favorable to the fact that the Defendant recognized the instant crime and reflected, and that the victimized person does not want punishment against the Defendant by mutual agreement with the victim D.

However, in full view of the fact that the Defendant was punished as the same crime, in particular, the Defendant was sentenced to imprisonment with prison labor for two years due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and was released on January 5, 2017. The instant crime was committed in the absence of three months thereafter, and all other circumstances, including the Defendant’s age, sex, environment, background of the crime, circumstances after the crime, etc., which are the conditions of the instant sentencing, are indicated in the record, including the fact that the Defendant was committed during the repeated crime period in which the said three months have not passed thereafter, the lower court’s sentence is deemed reasonable and is too unreasonable. Therefore, the Defendant’s argument of sentencing is without merit.

3. In 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