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(영문) 서울서부지방법원 2015.09.10 2015노544
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. The following facts are favorable to the Defendant: (a) the Defendant led to the confession and reflect of the instant crime; and (b) the victim expressed his/her intent not to have the Defendant punished at the investigative agency.

However, the crime of this case is a situation unfavorable to the defendant, such as the fact that the crime of this case is committed in high-speed bus drivers, causing uneasy for passengers by avoiding disturbance, delaying bus departure, etc., and that there is no good method or crime quality, and that the defendant has been punished several times of punishment including imprisonment with labor for crimes of multiple violence, robbery, etc. including interference with the same kind of duties, etc.

In addition, the sentence of the lower court cannot be deemed unfair because it is too unreasonable considering all the circumstances of the crime, circumstances after the crime, Defendant’s career, character and conduct, etc. and various sentencing conditions shown in the pleadings.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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