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(영문) 인천지방법원 2016.05.20 2016노995
권리행사방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) against the Defendant is too unreasonable.

2. The judgment of the court below is recognized in light of various circumstances, including the fact that the defendant recognized the facts of the crime in this case as a whole and reflects the depth of the defendant, and that there are circumstances that could be considered in the process of the crime in this case since the defendant tried to resolve the financial shortage, etc., but on the other hand, the amount of damage is not much recovered, the damage was not recovered at all, and there is no agreement with the victim, and there is no special circumstance or change of circumstances that may be considered in sentencing after the decision of the court below was rendered, and other circumstances that are conditions for sentencing in this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, etc., 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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