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(영문) 광주지방법원 2017.12.12 2017노3602
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The Defendant agreed with the victim of the crime of destroying property.

However, even though the defendant has been punished for violent crimes and is under the period of repeated crimes due to special intimidation, it seems that the defendant is aware of the legal order by committing a repeated crime in 10 days after he was investigated and again committed a crime, and did not agree with the victim of the crime of obstruction of business and insult.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, all of the sentencing conditions in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

3. As such, the Defendant’s appeal is without merit, and is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. Provided, That the part of the criminal records of the lower judgment regarding criminal facts was sentenced to eight months of imprisonment for special intimidation, etc. in the Southern Branch of the Gwangju District Court on June 16, 2016, and was released as detention cancellation on November 5, 2016, and the execution of the sentence was terminated by its ruling on February 15, 2017.

Since the correction is more accurate, as above, ex officio correction is made.

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