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(영문) 서울중앙지방법원 2017.11.10 2017노3641
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable because the sentence imposed by the court below (five months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant include the following: (a) the defendant appears to have led to the confession of all of the crimes in this case and to reflect his mistake; (b) the defendant agreed smoothly with the victim in the original trial; and (c) the defendant appears to have led to the contingent crime of interference with business

However, the sentencing of the court below seems to have been determined by fully considering these favorable circumstances, and there are no special circumstances or changes in circumstances that may newly consider the sentencing in the appellate court.

In particular, the Defendant committed the instant crime during the period of repeated crime. The Defendant’s criminal record prior to the Defendant’s repeated crime includes a crime of forging documents and using documents in the name of the Defendant’s relative when the Defendant was prevented from driving alcohol. Likewise, in this case, there is a high possibility of criticism in that he/she copied personal information after the arrest of a flagrant offender.

In full view of such circumstances and other circumstances as the Defendant’s age, sexual conduct, environment, motive, means, consequence, and circumstances after the commission of the crime, and all of the sentencing conditions indicated in the instant records and theories on changes, the sentence imposed by the lower court is too large and goes beyond the scope of reasonable discretion, even considering all the circumstances alleged by the Defendant.

subsection (b) of this section.

Therefore, the defendant's assertion is not accepted.

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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