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(영문) 광주지방법원 2016.06.14 2016노1027
업무방해
Text

The defendant's appeal is dismissed.

Reasons

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

2. Since the Defendant committed a crime during the period of repeated crime, it is inevitable to sentence the Defendant as a sentence.

Although the injured person does not want to be punished against the accused, since the accused was able to take a serious bath for the female victim with a large voice and avoided the disturbance for a long time, the victim at the time of committing the crime is deemed to have sworn a considerable fear, and the victim’s expression of intention not to punish is not considered as a major factor in sentencing.

In addition, considering other circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, and circumstances after the crime, and the lowest sentence range of sentencing guidelines are six months of imprisonment (the basic area of interference with business (type 1).), the punishment of six months of imprisonment that the court below decided against the defendant is within the reasonable discretion and is not recognized as the degree of destruction because it is too large.

Therefore, the defendant's appeal 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.

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