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(영문) 창원지방법원 2015.04.09 2014노2896

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the punishment imposed by the lower court (2.5 million won of a fine) is too unreasonable.

2. It is recognized that the Defendant recognized his mistake and reflects his fault, and that the injury is relatively minor.

However, the crime of this case is a case where the defendant prevented the business of the victim by avoiding disturbance by taking advantage of the victim's desire from the windowping place operated by the victim, and the defendant has not submitted any particular data about the recovery of damage until the trial is in the trial. The defendant has already been punished several times due to the violation of the Punishment of Violences, etc. Act, the crime of bodily injury, and the crime of causing property damage, etc., considering the circumstances unfavorable to the defendant. There are no special circumstances or changes that can be newly considered in sentencing after the decision of the court below. In full view of the various circumstances, including the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is excessively unreasonable.

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