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(영문) 광주지방법원 2018.09.19 2018노631
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime, reflects the fact that the Defendant would not repeat the instant crime while receiving treatment for alcohol addiction; (b) the victim does not want to be punished against the Defendant; and (c) the need to consider equity with the case where the judgment is to be rendered simultaneously with the final and conclusive judgment.

However, in light of the following: (a) the Defendant’s previous convictions, including three identical criminal records, are disadvantageous to the Defendant; and (b) the fact that there is no change in the sentencing conditions compared to the original judgment; (c) and (d) the various sentencing conditions indicated in the instant pleadings, the lower court’s punishment is too unreasonable because it is too unreasonable. Therefore, the above assertion by the Defendant is groundless.

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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