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(영문) 의정부지방법원 2020.10.22 2020노1918
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: Imprisonment with prison labor for not less than eight months;

2. The lower court determined the sentence by comprehensively taking account of the following circumstances and the matters stipulated in Article 51 of the Criminal Act. The person under way determined the sentence: Cumulative accumulation of criminal records of the same kind, and the person to be mitigated, such as the crime committed during the period of the same repeated offense: Confession of the victim C, and the victim C’s failure to punish him/her; and the reason for the sentencing alleged by the Defendant in the trial of a party is that the lower court has already taken full account of the fact that the lower court’s determination of the sentence

In addition, there are no circumstances to determine that the conditions of sentencing were changed in the trial, so it is reasonable to respect the sentencing of the court below.

Therefore, we cannot accept the defendant's argument during the sentencing.

(On the other hand, while adopting a video file CD as evidence by the prosecutor, the court below erred in failing to examine evidence under Article 292-3 of the Criminal Procedure Act and Article 134-8(3) of the Regulation on Criminal Procedure, but there is no influence on the conclusion of the judgment, as it can be found guilty of facts charged even

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

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