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(영문) 광주지방법원 2016.05.12 2016노268
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. The fact that the judgment defendant reflects his mistake and that the victim does not want the punishment of the defendant is favorable to the defendant.

On the other hand, the following is disadvantageous.

Defendant has a record of having been punished by imprisonment or more severe punishment for the same crime several times.

In particular, the crime of this case is committed on the day when the execution of imprisonment is completed due to the same crime and there is a high possibility of criticism.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and various sentencing conditions as shown in the records and arguments, even if considering the circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable, and thus, 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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