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(영문) 창원지방법원 2017.11.09 2017노2633
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the accused recognizes the crime and reflects it, and that the amount of damage to property suffered by the victim J is not large to 15,00 won.

However, the Defendant had been sentenced to two times to a fine and one-time punishment due to interference with duties, etc.; the Defendant committed the same type of crime as the instant case, and was released from prison on November 9, 2015, while serving six months in prison, and was released from prison on November 9, 2015; the Defendant committed each of the instant crimes without being aware of it even during the repeated crime period; did not reach an agreement with the victims; and the victim J was recovered from damage.

In full view of the following circumstances: (a) there is no evidence to see that there is a number of past convictions (in particular, violent crimes), such as the Defendant’s punishment; (b) the Defendant’s age, environment; (c) sex; (d) background of the crime; and (e) circumstances before and after the crime; and (c) the sentencing conditions specified in the instant records and pleadings, the sentence imposed by the lower court is too unreasonable.

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

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