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(영문) 창원지방법원 2016.06.15 2016노446
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to four million won) is too unreasonable.

2. The judgment of the defendant is favorable to the fact that the defendant recognized all of the crimes of this case, and the defendant is the first offender who has no criminal history.

However, each of the crimes of this case is an unfavorable circumstance in which the Defendant repeatedly reached the victim about 25 times, and interferes with the victim’s beauty room business by force on two occasions, and the nature of the crime is extremely poor, and the fact that the Defendant did not agree with the victim until now.

Considering the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., as well as the aforementioned circumstances, various sentencing conditions indicated in the instant records and arguments, the lower court’s sentencing cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain them as they are.

Therefore, the defendant's argument of sentencing 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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