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(영문) 광주지방법원 2018.08.16 2018노1765
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of six months and the fine of four million won) is too unreasonable.

2. From among the crimes of this case, the crime of gambling among the crimes of this case is a favorable circumstance where the principle of equity should be taken into account in relation to the relation of special larceny and other concurrent crimes after Article 37 of the Criminal Act as stated in the judgment of the court below.

On the other hand, even though the defendant was punished for the same kind of crime such as interference with the past business and was under the probation period, he again committed the crime of interference with business and insult without being aware of it, and all the circumstances after the crime is committed, the victims want to punish the defendant, and the crime of gambling was committed during the appellate trial due to the above special larceny, etc.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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