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(영문) 인천지방법원 2013.07.19 2012노1485
권리행사방해
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (2 million won of a fine) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant recognized the instant crime and reflects his mistake; and (b) there is no record of punishment exceeding the same kind and fine for the Defendant.

On the other hand, the court below seems to have determined punishment by fully taking into account the circumstances favorable to the defendant, and there is no change of circumstances that could differ from the judgment of the court below, such as the defendant's agreement with the victim or compensation for damage up to the trial of the court below, considering various sentencing conditions in the records of this case, such as equity in sentencing with the same or similar case, the age-friendly family environment of the defendant, and the circumstances before and after the crime, it is not recognized that the sentence of the court below against the defendant

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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