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(영문) 의정부지방법원 2018.11.12 2018노2645
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) alleged that the instant crime was committed in a state of mental or physical loss or mental weakness on October 8, 2018 in the statement of reasons for appeal filed by the Defendant on October 8, 2018, but the instant crime was withdrawn at the first trial date, and thus, is not determined.

The sentence of the lower court (one year of imprisonment) is too unreasonable.

2. The fact that the defendant recognized the instant crime and reflected in the judgment is favorable.

However, the Defendant’s crime of this case was committed with hump without any special reason and obstructed the business of the victim C, and the quality of the crime was inferior in light of the Criminal Administration Act, etc. In particular, the Defendant was sentenced to imprisonment on May 11, 2016 through obstruction of business at the main points indicated in the judgment of the lower court, and the execution of the sentence was completed on October 18, 2016 and was under repeated crime period. However, on the same week as on November 3, 2017, the Defendant was sentenced to a fine by reducing the crime of damaging the victim’s property at the same week, and was sentenced to a fine by taking into account the following circumstances: (a) the Defendant committed the crime of this case against the victim without being aware of it even after it was committed; (b) the record of punishment as the same crime includes a majority; and (c) the Defendant’s age, sex, environment, circumstance of the crime, and circumstances after the crime was committed; and (d) the Defendant’s allegation that the sentencing of this case is unreasonable and unreasonable.

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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