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(영문) 서울남부지방법원 2016.05.12 2016노196
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the Defendant committed a contingent crime while under the influence of alcohol; (b) the victim of a crime interfering with business; and (c) the victim of an injured victim expressed his/her intention not to punish during the investigation; and (d) supporting a child with intellectual disability, the sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Examining the Defendant’s age, character and conduct and records of punishment, motive, means and consequence of the crime, etc., and the sentencing conditions of the lower court as indicated in the instant case, including the circumstances after the crime, and the reasons for sentencing of the lower judgment, the lower court’s punishment is too unreasonable even considering the circumstances asserted by the Defendant on the grounds of appeal.

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

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