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(영문) 서울북부지방법원 2019.06.21 2019노698
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court against the Defendant is too unreasonable.

2. The fact that the defendant recognized all of the instant crimes and reflected in the judgment on the grounds of appeal, and the fact that the thief was returned.

On the other hand, at the time of the trial, there was a request for no punishment to be prepared by C, the victim of larceny.

However, the Defendant was sentenced to the crime of interference with business, etc., and committed the crime of interference with business of this case 20 days after the completion of the execution of the sentence.

According to the sentencing guidelines of the Supreme Court, the lower limit of the recommended punishment for the crime of interference with the business of this case is one year.

Therefore, even if the victim of the theft crime was forced to punish the defendant, it does not seem that the court below's punishment is too heavy.

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 since it is without merit. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, ex officio, the third part of the judgment of the court below, “the reason for the sentence,” shall be corrected as follows:

Reasons for sentencing

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Interference with Business) [Determination of Punishment] Obstruction of Business Affairs [Type 1] - Aggravation of Business Affairs (Special Aggravation of Punishment] - Aggravation of Aggravation of : In the area of aggravation of the same repeated crime [the scope of recommendation area and recommendation area] , imprisonment with prison labor for one to three years;

(b) Class 2 (Determination of Punishment) thth thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

(c) Scope of recommendations according to the standards for handling multiple crimes: One to four years of imprisonment (the maximum of crimes No. 2).

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