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(영문) 서울중앙지방법원 2016.01.07 2015노3002
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not engage in any act, such as taking a bath to the victim or cutting the clothes owned by the victim on the floor on October 13, 2014 and 12:20 on the same day.

On October 11, 2014, the Defendant did not steals two CCTV systems and one digital camera system owned by the victim on the same day, 05:30 and 16:30 on the same day.

B. The punishment sentenced by the lower court (amounting to 6 million won) is too unreasonable.

2. Judgment on the grounds for appeal

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the court below's determination that each of the facts charged in this case was guilty is just and acceptable, and there is an error of law by mistake of facts.

shall not be deemed to exist.

Therefore, this part of the defendant's assertion is rejected.

B. On December 28, 2012, the Defendant again committed each of the instant crimes even though he/she had been sentenced to a fine of KRW 1.5 million due to interference with the duties at the Seoul Central District Court on December 28, 2012, and there are no special circumstances or circumstances newly considered in the sentencing after the sentence of the lower judgment. In full view of the following circumstances, the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, and the sentencing conditions indicated in the instant arguments and records, such as the circumstances after the crime was committed, it is not recognized that the sentence imposed by the lower court is too unreasonable.

Therefore, we cannot accept this part of the defendant's assertion.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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