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(영문) 수원지방법원 2018.10.19 2018노4344
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The lower court sentenced the Defendant to one year of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the facts that this court is a condition for sentencing and, in particular, the Defendant had been already punished several times, including the same kind of crime, and the Defendant again committed the instant crime during the period of repeated crime, etc., the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered after the instant crime, the Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court is deemed to be adequate and too unreasonable.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.

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