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(영문) 의정부지방법원 2016.05.19 2016노139
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unreasonable.

2. Determination is recognized that the Defendant is a person with a disability of class 6 with hearing disability, and that the Defendant’s economic condition is not good.

However, the defendant had three previous criminal records of the same kind of fine and many other criminal records, and did not agree with the victim so that he/she might be subject to the judgment of the court.

There is no special change in circumstances that would be different from the original judgment in the first instance.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Provided, That the “6,000” of the second half of the judgment below is a clerical error of “6,00 won” and it is obvious that it is a clerical error of “6,000 won,” and thus, it is ex officio correction in accordance with Article 25(1) of the Rules on Criminal Procedure.

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