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(영문) 수원지방법원 2018.06.05 2018노1904
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The Criminal Litigation Act, which takes the principle of court-oriented trials and the principle of direct determination, has a unique area for the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance trial, and the sentencing of the first instance is not beyond the reasonable scope of discretion, it is reasonable to respect the determination (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant submitted a written agreement in the name of F of the operator of the restaurant operator of the instant case, which is the place where the instant crime was committed, even though the victim of the instant crime was an employee C who had been employed in the restaurant at the time of the instant crime, and thus, it cannot be deemed that a new document of sentencing was submitted.

In addition, there is no change in the conditions of sentencing compared to the original judgment, and all the sentencing grounds shown in the records of this case are considered to have exceeded the reasonable scope of discretion because the sentencing of the original judgment is too inappropriate.

shall not be deemed to exist.

3. 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 groundless.

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