beta
(영문) 부산지방법원 2016.11.25 2016노2809

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. It is recognized that the circumstances such as the confession of the Defendant to the instant crime and his depth reflects his mistake.

However, in full view of the following: (a) the crime of this case was committed by the Defendant by force to interfere with general restaurant business of the victim; (b) the nature of the crime is not weak in light of the method and content of the crime; (c) the Defendant was punished by a fine of three times as a violent crime; (d) there is no special circumstance or change in circumstances that may be newly considered after the sentence of the lower judgment; and (e) other various sentencing conditions indicated in the argument of this case, including equity in sentencing with the same or similar incidents; (e) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) the sentence imposed by the lower court is too unreasonable

Therefore, the defendant's above assertion is not accepted.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.