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(영문) 수원지방법원 2016.08.04 2015노7260
업무방해
Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. In full view of the following factors: (a) the Defendant was subject to criminal punishment several times; (b) the Defendant repeatedly committed the instant crime against the same victim even though he/she had the history of being punished due to interference with the business of the victim D; (c) the Defendant expressed the desire to commit the instant crime on the ground that he/she did not reach an agreement on the previous criminal case upon finding the victim’s wishes; and (d) the motive or nature of the crime is not good; and (e) other all the sentencing conditions indicated in the instant pleadings, including the Defendant’s age, sex, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., it is difficult to view that the sentence imposed by the lower court is too unreasonable.

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. In accordance with Articles 191 (1), 190 (1), and the main sentence of Article 186 (1) of the Criminal Procedure Act on the grounds that all of the costs of the trial by the court below and the party shall be borne by the defendant. It is so decided as per Disposition.

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