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(영문) 창원지방법원 2017.05.11 2016노3323
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unfair because the punishment (10 million won) of the court below is too unreasonable.

2. In light of the following factors: (a) the Defendant made a confession of the crime, and there is no previous conviction; (b) there is no agreement with the victim prior to the institution of the prosecution; and (c) there is no sufficient economic situation. However, each of the crimes of this case was committed continuously bullying with the victim who was close to the Defendant; and (d) the reason for the unfavorable sentencing, such as the Defendant’s age, family relationship, economic situation, circumstances leading to the crime and motive; and (b) all of the other matters on the sentencing as indicated in the records and arguments on the change of the records of this case, the lower judgment’s punishment is deemed reasonable; and (c) there is no additional change of circumstances in the trial, 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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