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(영문) 서울동부지방법원 2015.11.12 2015노957
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 700,000,000 imposed by the court below to the defendant is too unreasonable.

2. As to the grounds for appeal, there are extenuating circumstances such as: (a) the Defendant’s erroneous recognition of the lower judgment and reflects the fact that the Defendant is against the Defendant; (b) the fact that the health conditions are not good; (c) the economically difficult wife; and (d) the agreement with the victim.

However, the court below already reduced a fine of KRW 700,000 to the defendant who requested formal trial after receiving a summary order of KRW 1 million for the same or a similar crime as this case, and examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the punishment imposed by the court below against the defendant is appropriate and it does not seem that the amount of the punishment imposed by the court below is unreasonable.

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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