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(영문) 서울고등법원 2016.12.08 2016노2709
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

There is no fact that the defendant in mistake of facts, like the facts stated in paragraph (2) of the facts constituting a crime in the judgment of the court below, has committed intimidation by taking a attitude that seems to cause a disturbance or harm to the body of the victim G for the purpose of retaliation.

The punishment sentenced by the court below on unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

Judgment

According to the evidence duly adopted and examined by the original court and the trial court of fact-finding, in particular G's statement in the current trial court, etc., the defendant can sufficiently recognize the fact that the defendant threatened the victim G for the purpose of retaliation as stated in paragraph (2) of the facts constituting the crime in the original judgment. Therefore, this part of the defendant's assertion is unacceptable

The reasoning of the judgment of the court below on the assertion of unfair sentencing is as follows: (a) considering the sentencing conditions under Article 51 of the Criminal Act as shown in the records and arguments of this case and the sentencing guidelines of the Supreme Court Sentencing Committee, the sentence imposed by the court below is too unreasonable, and thus, the defendant's assertion on this part is not justified.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to dismiss the defendant's appeal.

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