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(영문) 창원지방법원 2015.11.05 2015노2227
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. It is recognized that the defendant recognized his mistake and reflected his mistake, and that the defendant suffers from the disease of re-regrative depression, dependence on alcohol use, etc.

However, on January 22, 2014, the Defendant committed the instant crime even though he/she was sentenced to probation for one year of imprisonment with prison labor for obstruction of performance of official duties, three years, and on January 30, 2014, which became final and conclusive on the suspension of execution and probation period. The Defendant committed the instant crime. In addition, considering the following: (a) the Defendant’s past special robbery; (b) the crime of attempted robbery; (c) the crime of robbery; (d) the crime of violation of the Punishment of Violences, etc. Act; (c) the crime of unlawful use of air defense; (d) the crime of violation of the Automobile Management Act; (e) the crime of larceny; (e) the crime of larceny; (e) the crime of violation of the Act on the Protection of Juveniles from Sexual Crimes; and (e) the crime of the Punishment of Sexual Crimes and the Protection of Victims thereof; and (e) there is no special circumstance or change that may newly be considered in sentencing after the sentence of the lower judgment; and (e) the sentencing conditions and the records of the instant crime are excessively unreasonable.

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

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