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(영문) 서울남부지방법원 2013.04.11 2012노2072

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the Defendant committed a crime of interference with business, such as the entries in the instant facts charged.

Nevertheless, the court below found the defendant guilty of the facts charged in this case, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (700,000 won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts (in particular, the result of the verification of CCTV video CD), the defendant's abusive intent was given to the employee working at the Egypt set of this case on July 15, 2012, and the customer satisfaction center employees and the security personnel who control it, and the fact that he interfere with the Egypt's business can be sufficiently recognized by force, such as exercising assault against the customer satisfaction center employees. Thus, this part of the argument by the defendant and his defense counsel is without merit.

B. It does not seem that there are no extenuating circumstances for the Defendant to consider the Defendant, such as the fact that the Defendant appears to have a very difficult situation in terms of economy, and that the health condition is not good, that the Defendant appears to have reached the instant crime by drinking and by contingency, and that the Defendant has no power to commit a crime exceeding the fine.

However, as seen earlier, although the defendant's mistake was sufficiently recognized, the court below sentenced a fine of one million won in a summary order by reducing the amount of fine in consideration of the circumstances favorable to the defendant. There is no change in special circumstances or circumstances that may be newly considered in sentencing after the sentence of the court below, and the age, character and behavior, environment, motive, means and consequence of the crime of this case are the age of the defendant, character and behavior, environment, motive, means and consequence of the crime.