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(영문) 인천지방법원 2017.09.08 2017노2556
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (five months of imprisonment) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. The circumstances are favorable to the defendant that the defendant led to the confession of each of the crimes in this case and recognized his mistake, that the defendant was in a mental and physical state due to the symptoms of liverness at the time of each of the crimes in this case, and that the victim Minger and F did not want the punishment of the defendant.

However, the defendant committed each of the crimes of this case over four occasions, with heavy degree of illegality, has yet to reach an agreement with the victims of interference with business, and the damage therefrom has not yet been recovered. The defendant committed each of the crimes of this case during the period of repeated crime, and the criminal records of criminal punishment and punishment for the same crime are several times against the defendant.

In full view of the above circumstances and other factors of sentencing, such as the Defendant’s age, sex, occupation and environment, motive and circumstance leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable as it is too unreasonable.

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.

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