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(영문) 의정부지방법원 2015.08.18 2015노1336
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to six months) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to the confession and reflect of the instant crime, and that the victim did not want the punishment of the Defendant by mutual consent with the victim.

B. However, on September 10, 2013, the above judgment became final and conclusive on September 18, 2013, upon being sentenced to six months of imprisonment with prison labor for the crime of obstruction of performance of official duties, and two years of suspended execution, and on September 18, 2013, the Defendant committed the instant crime even if he was punished by a fine due to the commission of the crime during the suspended execution period, and other circumstances, such as the Defendant’s age, details of the crime, and circumstances after the crime, are deemed to have the record of having been punished several times of violent crimes, and other circumstances, which are the conditions for sentencing as indicated in the instant pleadings, are considered in light of the above circumstances favorable to the Defendant, the lower court’s sentence is too unreasonable.

C. 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 since it is without merit. It is so decided as per Disposition.

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