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(영문) 서울남부지방법원 2017.09.07 2017노851
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant committed the instant crime in a sudden and contingent manner while under the influence of alcohol and agreed with the victim, the sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The fact that the judgment of the court below was delivered and agreed with the victim is favorable to the defendant.

However, in light of all the sentencing circumstances in the records and arguments of this case, including the Defendant’s age, sexual conduct, environment, and motive for committing a crime, even though the Defendant had been sentenced to a fine two times or more for business interference and habitual assault in 2014 and 2015, it is not determined that the lower court’s punishment is too unreasonable and goes beyond the reasonable scope of discretion.

The defendant's argument of sentencing 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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