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(영문) 수원지방법원 2020.11.19 2020노2750
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the first instance judgment (the fine of KRW 2,00,000) against the accused on the summary of the grounds of appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the circumstances asserted by the Defendant, such as the following: (a) background of the crime; and (b) civil disputes with the victim, are deemed to have been sufficiently taken into account as the grounds for sentencing of the judgment of the first instance court; and (c) there is no change in the sentencing conditions compared with the judgment of the first instance court because new sentencing materials have not

In addition, considering the following circumstances, the sentencing of the court of the first instance cannot be deemed unfair because it goes beyond the reasonable scope of discretion, considering the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence of the offense, and the circumstances after the offense.

3. The appeal by the defendant is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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