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(영문) 울산지방법원 2018.08.31 2018노688
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (five months of imprisonment) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. Determination-related factors, contingency-related crimes, the victim did not want to be punished by the defendant under the agreement with the defendant, and the defendant recognized his mistake and seriously reflects it, etc. are favorable to the defendant.

However, without any reason, the crime of this case was committed at a place operated by the injured person, with the desire to avoid disturbance while leaving home without a warning from the police officer who was dispatched after receiving a report. In light of the circumstances of the crime, etc., the crime of this case was committed in a number of criminal offenses including the suspended sentence of imprisonment, and the defendant has already been committed multiple criminal offenses including the suspended sentence of imprisonment. In particular, the crime of this case was committed on June of 2017 with the suspended sentence of 1 year, 6 months after the suspended sentence of 1 year, and 2 years after the suspended sentence of 2 years after the suspended sentence of 2 years on November of 2017 and again committed the crime of this case during the suspended sentence of 2 years after the suspended sentence of her age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, changes in circumstances after the sentence of the judgment below, and even if imprisonment of this case becomes final and conclusive, it cannot be seen that the court below’s judgment is reasonable and reasonable and inappropriate.

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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