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(영문) 전주지방법원 2016.06.24 2016노519
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in 6 months of imprisonment, confiscation) is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the defendant recognized the instant crime and reflects the mistake in depth; and (b) the victim does not want the punishment by mutual agreement with the victim.

On the other hand, the Defendant committed the instant crime without being aware of the history of criminal punishment on several occasions due to a violation of the Punishment of Violences, etc. Act, by using the kitchen knife, which is a dangerous thing of the Defendant, and 30 minutes of the call text, which was operated by the victim, and obstructing the victim’s call text business. The Defendant committed the instant crime without being aware of the history of criminal punishment on several occasions, and the Defendant purchased a knife from the call text to find it back to the call text, and then the Defendant purchased a knife with a name influe and a Silife, and found it to have led to the instant crime, which is disadvantageous to the Defendant.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, 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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