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수원지방법원 2019.01.18 2018노3451
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of fine) is too unreasonable.

2. The lower court sentenced a fine of KRW 10 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the facts that are the conditions for sentencing in this court, in particular, the Defendant committed the instant crime during the period of suspension of execution due to the obstruction of performance of official duties even though he had been already punished several times for the same kind of crime, there is no circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of discretion, or that it is unreasonable to maintain the sentencing of the lower court as it is.

In addition, even if the circumstances and results of the instant crime were to be considered after the commission of the crime, the age, character and conduct, environment, etc. of the Defendant, the sentence of the lower court is not deemed to be inappropriate because it is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.