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(영문) 서울서부지방법원 2018.10.11 2018노1018
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too large and unfair.

2. The circumstances favorable to the defendant are that the defendant reflects his mistake, and the victims do not want punishment by borrowing a letter to the victims, and that the mental and physical symptoms, such as shock disorder, can be seen to have partly affected the crime.

However, even though there have been a lot of records of punishment for crimes such as violence, crimes have been repeated, and the surrounding damage has continued to occur.

Since the Defendant was sentenced to imprisonment with prison labor for the same crime and was released from prison, the Defendant committed a crime that interferes with business and was sentenced to a fine, the Defendant re-offending the instant crime in the past two months, even if he was sentenced to a fine.

In addition, considering the various circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, etc., the sentence of the court below cannot be deemed to be too unreasonable.

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 without merit. It is so decided as per Disposition.

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