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(영문) 의정부지방법원 2016.07.12 2016노1308
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the Defendant, who led to the instant crime, led to the confession and reflect of the instant crime, and the time that obstructed the victim’s business operation, etc. is not limited.

B. However, in full view of the following circumstances: (a) the Defendant was punished as a violent crime more than two times, and (b) the Defendant committed the instant crime without being aware of the fact that he/she had already been punished by a fine by a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at least twice during the suspension of execution due to a violation of the Act on Punishment of Violences, etc.; (c) and (d) there was no agreement with the victim; (d) there was no special change in circumstances after the pronouncement of the lower judgment; and (e) there was no change in circumstances after the pronouncement of the lower judgment; and (e) other circumstances that form the conditions for sentencing as set forth in the instant pleadings, such as the Defendant’s age

Therefore, the defendant's above assertion is without merit.

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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