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(영문) 의정부지방법원 2014.09.24 2014노1556
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant, such as the fact that the defendant made a confession of the crime of this case and made a statement that he is divided, and that the defendant deposited 30,000 won for the victim, etc.

On the other hand, there are only one criminal records for the defendant, and there are several occasions that the defendant has been sentenced to a punishment heavier than the suspended sentence for violent crimes or other crimes, and even if the defendant was punished by a fine due to an act similar to the case during the suspended execution period for the crime of injury, the defendant has committed the crime of this case again even though he was punished by a fine due to an act similar to the case during the suspended execution period for the crime of injury. After the crime of this case, the victim was found to have been employed for agreement

In full view of the above circumstances and the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive and background of the crime of this case, means and consequence, circumstances after the crime of this case, criminal record and family relation, etc., the sentence of the court below is proper, and the defendant's assertion is not reasonable, since it is not recognized that the punishment of the court below is inappropriate to the extent that it should be reversed.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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