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(영문) 수원지방법원 2019.09.05 2019노3596
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one hundred months of imprisonment and a fine of five hundred thousand won) is too unreasonable.

2. It is recognized that the judgment of the court below is based on such circumstances as the defendant led to the confession of the crime of this case and reflects his mistake, the victim of the crime interfering with business does not want the punishment of the defendant, the defendant's health is not good at present due to serious injuries caused by traffic accidents, and the defendant is suffering from alcohol addiction treatment, but it seems that it has already been considered in the sentencing of the court below.

In addition, the crime of this case interferes with the business of the main place operated by the victim without any particular reason, is committed by the defendant, avoiding disturbance at the police box, assaulting the criminal actors, and destroying the banner installed for the assembly. In light of the applicable law and content of the crime, etc., the criminal nature of the crime was very poor, and the defendant has a history of criminal punishment for the same crime several times, and in particular, the defendant was sentenced to a fine for the same crime of causing crime of causing a crime of causing a crime of causing a crime of causing a crime of causing a crime of causing a crime of causing a crime of causing a crime of causing a crime of causing a crime of causing a crime of causing a crime of causing a crime of causing a crime of causing a crime of causing a crime of causing a crime of the same and similar incidents, equity in sentencing and sentencing, and other various sentencing conditions shown in the argument of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Therefore, the defendant's above assertion is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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