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(영문) 서울중앙지방법원 2018.07.12 2017노4483
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (1.5 million won in penalty) imposed by the court below is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant has no record of punishment exceeding a fine; (b) the degree of damage caused by each of the instant crimes is relatively heavy; and (c) the victim E of the crime obstructing business operation does not want to be punished by the Defendant.

However, there are many criminal records of the same kind of crime against the defendant. Each of the crimes of this case is under the influence of alcohol that the defendant interfered with the victim E's head office business by force for about 30 minutes, and that the defendant committed a disturbance for about 30 minutes in the district group after voluntary accompanying, and that the responsibility is not less than that of the defendant, and all other circumstances, such as the defendant's age, sex, environment, circumstances and result of the crime, the circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments of this case, are deemed to be appropriate, and the defendant's assertion is not unfair because it is too unreasonable.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

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