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(영문) 부산지방법원 2020.01.10 2019노3388
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the victim C submitted a written agreement that the victim C does not want to be punished for the defendant at the trial of the trial after the pronouncement of the lower judgment, as the new sentencing data was not submitted in the trial after the issuance of the lower judgment. However, the victim already submitted a written application for non-prosecution of punishment in the lower trial (the 34th page of the trial record). Since such circumstance was reflected in the lower judgment, the said written agreement shall not be deemed a new sentencing data.

There is no particular change in the sentencing conditions compared with the original judgment, and the reason for sentencing alleged by the defendant seems to be the circumstances that have already been fully considered in determining the punishment.

In addition, considering the sentencing factors expressed in the proceedings of the instant case, such as the Defendant’s age, character and conduct, environment, motive for committing the crime, and circumstances after committing the crime, the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion, as it is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

[However, in accordance with Article 25(1) of the Rules on Criminal Procedure, Article 314 of the Criminal Act and Article 314(1) of the Act shall be amended to “Article 314 of the Criminal Act and the choice of imprisonment” in the application of the law of the court below to “Article 314(1) of the Criminal Act”

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