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(영문) 의정부지방법원 2019.11.29 2019노2001
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of 10 months sentenced by the court below on the summary of the grounds for appeal is too unreasonable.

2. The fact that the Defendant recognized the instant facts charged, and that the Defendant agreed with the victim F among the victims (other than that, the agreement was submitted in the name of the victim C, but the said agreement was not prepared based on the victim C’s intent), and that the Defendant did not have any criminal record, etc. are favorable to the Defendant.

However, the crime of this case was committed on two occasions by the defendant, who committed the crime of this case in the entertainment tavern and restaurant, and the quality of the crime is not good in light of the circumstances and contents of the crime, and the defendant was arrested as a flagrant offender on November 28, 2018 and was released, even though he was arrested as a flagrant offender on February 9, 2019 due to the crime committed on November 28, 2018, and the defendant committed the crime of this case. The defendant did not receive a letter from the victim C, the defendant did not have been sentenced several times due to the crime of violence, and the defendant was sentenced two times of the suspension of the execution of imprisonment due to the same crime of interference with business after around 208, and was sentenced seven times of a fine, and there was no special change in circumstances to change the sentence of the court below after the decision of the court below was made, and there is no reason to acknowledge the defendant's punishment too unfair, considering the defendant's age, occupation, character, environment, family relation, circumstances after the crime and circumstances after the crime.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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