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(영문) 창원지방법원 2017.11.15 2017노2229
권리행사방해
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court rendered a sentence by comprehensively taking into account the following circumstances: (a) the Defendant’s age, sex, environment, background leading up to the commission of the crime, means and consequence of the crime; and (b) the sentencing conditions, including the following factors: (c) there was a previous conviction for the suspension of the execution of the crime of fraud received around 2006; (d) there was a absence once in the trial of the sentence; (e) the confession of the Defendant; (e) the victim company was not subject to the punishment of the Defendant

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

The circumstances asserted by the Defendant on the grounds of appeal, such as the age of 71 and the old age of 97, and the restoration of damage, appear to have been taken into account in the original trial. As such, the above conditions of sentencing have been significantly changed in the first instance trial.

It is difficult to see it.

In light of the above sentencing’s comprehensive consideration, the lower court’s punishment cannot be deemed unfair because it is excessively unreasonable.

Therefore, the defendant's above assertion 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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