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(영문) 서울동부지방법원 2016.08.26 2016노876
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the sentence of the court below which sentenced the defendant 10 months of imprisonment is too unreasonable, in light of the fact that the defendant committed the crime of this case in the course of full custody, the crime of interference with business is relatively minor and the victim also does not want the punishment.

Taking into account all the above circumstances alleged by the Defendant, the Defendant, and his defense counsel, had the history of having been punished by an act of violence, etc. during several times, and the Defendant is not aware of having been sentenced to imprisonment with prison labor due to interference with business affairs, etc., and constitutes a repeated crime. In addition, in order to establish the State’s legal order and eradicate the light of public authority, there is a need to strictly punish the crime of interference with the performance of official duties. There is no special circumstance or change of circumstances that may be newly considered in sentencing after the decision of the lower court was rendered, and there is no other circumstances or circumstances that are conditions for sentencing, such as the Defendant’s age, environment, and after the crime, etc., the sentence of the lower court is too unreasonable.

Therefore, 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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