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(영문) 대구지방법원 2017.11.17 2017노3471
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment, two years of suspended execution, observation of protection, community service work, 120 hours) is too unreasonable.

2. It is recognized that the judgment of the accused, who led to the confession of the crime, is divided into his mistake, appears to have committed a crime by drinking, and the victim did not want the punishment against the accused from the investigation stage.

However, in light of the form of the instant crime and the applicable law, etc., the Defendant committed the instant crime without improving the character and conduct despite having had the record of criminal punishment already been imposed on several occasions due to the principal crime. In addition, in light of the past record, it seems that the awareness of compliance is weak and that there is no change in circumstances that would be favorable to the Defendant in the first instance trial, and there is no other change in circumstances that would be favorable to the Defendant, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc., the lower court’s punishment is too unreasonable.

Therefore, 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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