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(영문) 대구지방법원 2017.04.13 2016노5533
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months and the fine of five hundred thousand won) is too unreasonable.

2. The lower court rendered the above sentence, taking into account the following factors: (a) more than 10 times of punishment for multiple crimes; (b) more criminal punishment was imposed for violent crimes; and (c) more than 3 years of punishment was imposed; and (d) the instant crime was committed and thus constitutes a repeated crime.

In full view of all the sentencing conditions, including the Defendant’s age, sex, environment, circumstances leading to the Defendant’s crime, means and consequence, scale of the crime, and circumstances after the commission of the crime, the sentence imposed by the lower court is deemed reasonable, and the sentencing judgment by the lower court exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). Therefore, as claimed by the Defendant, the lower court’s sentencing is too unreasonable because it is too unreasonable.

3. Accordingly, 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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