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(영문) 서울중앙지방법원 2014.05.22 2014노248
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The penalty (1.5 million won of a fine) declared by the court below is too unreasonable in light of the gist of the grounds for appeal.

The defendant has recognized the crime of this case and expressed an attitude against the mistake, and the defendant's economic situation is very difficult.

However, in light of the fact that the defendant has been punished several times due to violence, etc., the amount of fine for the summary order (two million won) seems to have been reduced due to full consideration of the aforementioned various circumstances in the original trial, and the circumstances that could change the sentence of the original court in favor of the defendant were not presented at the appellate trial. In full view of other circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, environment, occupation, motive and consequence of the crime, the lower court's punishment is too unreasonable, and therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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