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(영문) 대구지방법원 2014.10.17 2014노2693
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) by the lower court is excessively unreasonable.

2. It is recognized that the defendant's confession of the crime and reflects against the victim, and that the defendant agreed smoothly with the victim.

However, it is not determined that the sentence of the court below is excessively unreasonable considering the Defendant’s age, character and conduct, environment, motive, means and method of the instant crime, circumstances after the instant crime, etc., where the Defendant was committed, three times of criminal convictions (one time of suspended sentence of imprisonment and two times of fine), and there are many criminal convictions due to violent crimes, and where the Defendant was subject to the judgment of suspended sentence due to the crime of interference with business, and where there were two months of criminal punishments, the Defendant is likely to repeat the instant crime.

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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