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(영문) 울산지방법원 2017.11.17 2017노1176
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The judgment does not seem to have any favorable circumstance for the defendant, such as the fact that the defendant recognized each of the crimes of this case and took an attitude against him, that the victim agreed with I among the victims, that the defendant's health is not good. However, the defendant has been punished more than 10 times due to violence, obstruction of duties, damage to property, etc. (other than that, the defendant was committed several times as violent crimes, and was subject to a disposition of suspension of indictment or lack of authority to prosecute). In particular, even though he/she committed the same kind of crime (Article 2 of the judgment in the holding), even though he/she was under trial due to obstruction of duties (Article 1 of the judgment), it cannot be deemed unfair because the court below's punishment is too excessive, considering various circumstances, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc.

Therefore, the 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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