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(영문) 부산지방법원 2017.11.17 2017노3364
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment is excessive and unfair (one month of imprisonment with prison labor) (the Defendant withdrawn his/her claim for mental and physical weakness on the date of the first trial of the first trial of the first instance court). 2. It is recognized that the circumstances, such as the following: (a) the Defendant’s misjudgments against the mistake; (b) the amount of damage is not large; and (c) the Defendant’s members of the church attending the meeting want to guide and recommend the Defendant.

However, in light of the fact that the Defendant has already been punished for 20 times as a crime of violence, and there are 10 times as a result of interference with business, and a large number of of these cases, as in the instant case, there is a need to punish the Defendant’s repeated criminal act in light of the fact that the Defendant’s act of violence was committed at a main office, restaurant, hospital, etc.

In addition, considering various circumstances that are conditions for sentencing prescribed by Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, etc., there is no effort to recover damage, the sentence of the lower court is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

3. 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 groundless.

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