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(영문) 서울북부지방법원 2017.08.18 2017노1083
업무방해등
Text

The defendant's appeal is dismissed.

In the last part of the application of the judgment of the court below, "1. concurrent crimes are aggravated.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. There is no significant change in circumstances after the judgment of the court below to consider the sentencing of the defendant.

In light of the facts alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if all of the circumstances alleged by the Defendant are considered as grounds of appeal.

The defendant's argument of sentencing is not accepted.

3. According to the conclusion, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the lower court [Article 364(1) of the Criminal Procedure Act, as it is evident that the “Article 37(1)2, and Article 50 of the Criminal Procedure Act was omitted by mistake” in the last part of the application of the law of the lower judgment. Thus, it is to be added in accordance with Article 25(1) of the Regulation on Criminal Procedure.

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