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(영문) 부산지방법원 2018.05.04 2018노140
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too unreasonable.

2. In a case where there is no change in the terms and conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In such a case, there is no new change in circumstances that may change the sentence of the lower court in the first instance court.

In addition, comprehensively taking into account the following circumstances, such as the Defendant’s criminal history, age, sexual conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc.: (a) considering the background of the instant case alleged in the trial and the documents confirming the facts additionally submitted; (b) the lower court’s punishment is excessively heavy in excess of the reasonable scope of discretion, even if such consideration as the background of the instant case alleged in the trial and the documents confirming facts

does not appear.

The defendant's argument of sentencing is not accepted.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act (Provided, That pursuant to Article 25 (1) of the Rules on Criminal Procedure, the court below's ex officio pursuant to Article 25 (1) of the Rules on Criminal Procedure that "if a person was punished by a fine due to interference with business, if the person was punished by a interference with business," is corrected.

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