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(영문) 인천지방법원 2016.09.09 2016노1643
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 3,000,000) against the Defendant is too unreasonable.

2. The judgment of the court below recognizes the defendant's facts of a crime and repents the defendant's wrong facts, and the period of posting comments made by the defendant does not relatively long, and the defendant is the first offender who has no record of criminal punishment. However, in light of the contents of the writing posted by the defendant and the status of the defendant, the nature of the crime does not seem to be less complicated, and considering the Internet's ripple power, the defendant's act does not cause considerable damage to the victim. There are no special circumstances or changes in circumstances that may be considered in sentencing after the decision of the court below was rendered, and there are no other circumstances or changes in circumstances that are conditions for sentencing as shown in the records, such as the defendant's age, sexual behavior and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the court below's punishment is too unreasonable. 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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