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(영문) 창원지방법원 2017.11.30 2017노2546
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. Although there are circumstances that may be considered for the Defendant, such as the fact that the Defendant recognizes and reflects the instant crime, and that an agreement has been reached with the victim, the Defendant has been sentenced five times to violent crimes (three times of suspension of execution, fine two times) including quasi-Robbery, and even if the Defendant lacks the economic ability to pay a fine, a fine not exceeding three million won may be replaced by community service upon the Defendant’s request, and it would be possible to pay a fine in installments in light of the circumstances of the Defendant as the primary livelihood supplier, and there is no special relationship or change of circumstances that may be newly considered in the trial, and other various circumstances that form the conditions for sentencing in the instant records and arguments, such as the Defendant’s age, environment, sex behavior, motive for the commission of the crime, circumstances before and after the crime, etc., it cannot be deemed that the lower court’s punishment is unfair because it is too too large.

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

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