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(영문) 의정부지방법원 2015.12.01 2015노2465
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (one year of imprisonment, three years of suspended execution, 120 hours of community service, 40 hours of violent therapy, and 40 hours of alcohol therapy) imposed by the court below is too unreasonable.

2. The circumstances favorable to the defendant, such as that the defendant led to the confession of the crime of this case and reflects the mistake, and that the defendant does not want the punishment against the defendant by agreement with the victim, etc.

However, the Defendant has been punished several times for the same kind of crime of obstruction of business and violence, and in particular, the crime of this case is the purpose of retaliation against the criminal punishment for the crime of interference with business, and the nature of the crime is considerably poor in light of the form of the act, and taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions indicated in the present arguments and records, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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