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(영문) 서울남부지방법원 2020.03.31 2019노2550
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.

2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In full view of all the sentencing factors indicated in the records and arguments of the instant case, the lower court cannot be deemed to have exceeded the reasonable scope of discretion by taking into account the following circumstances: (a) the Defendant recognized the commission of the offense; (b) under favorable circumstances in which the operator of a restaurant interfering with business did not want the punishment; (c) the Defendant committed the instant crime repeatedly after the completion of imprisonment due to the same crime; and (d) the Defendant committed several disadvantageous circumstances, under which the records and arguments of the instant case had no special circumstances or changes in circumstances that may be considered in sentencing newly in the trial; (d) the Defendant’s age, character and conduct, family relationship, motive and circumstance of the offense; and (e) the sentencing of

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

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