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(영문) 의정부지방법원 2015.04.24 2015노569
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (one year and six months of imprisonment, and confiscation) is undue.

2. The judgment of the defendant recognized the crime of this case and against his mistake, the crime of violation of the Punishment of Violences, etc. of this case is committed, and the victim I and only agreed to do so are recognized as the favorable circumstances to the defendant.

However, in light of the process and method of the crime of this case, degree of damage, etc., the defendant was not guilty, and there was a past record of criminal punishment (including three times of actual punishment, two times of suspended execution) extending to about 10 times due to the same crime of violence, the defendant committed the crime of this case without being aware of it during the period of repeated crime after being taken back and released from the same crime, and there is a high possibility of criticism again during being investigated as a violation of the Punishment of Violences, etc. of this case, and the crime of interference with business of this case, etc. of this case again during being investigated as a violation of the Punishment of Violences, etc. of this case, and the court below did not agree with the victim D. It appears that the court below sentenced the lowest sentence of imprisonment, which is a prison sentence, by taking full account of the favorable circumstances for the defendant, and it appears that the court below sentenced the defendant's age, character, intelligence and environment, motive, means and consequence of the crime of this case, and the circumstances after the crime of this case.

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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