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(영문) 창원지방법원 2014.09.25 2014노1294

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant confessions and reflects the gist of the grounds for appeal, that the victim D does not want the punishment of the defendant under an agreement with the victim D, and that the defendant is in an economic difficult situation, the punishment imposed by the court below (5 million won of fine) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, even if the instant crime was committed in the restaurant operated by the Defendant without any special reasons, the instant crime prevents the victim’s restaurant business by avoiding disturbance, such as taking the cafeterias into the restaurant operated by the Defendant, taking a bath to the cafeteria employees, and taking the cryping the cryp, etc., without any special reasons, and the relevant case is not easy, and the Defendant has been punished several times in the past (one time of suspended sentence of imprisonment and three times of fine) for crimes related to violence in the past, and on August 31, 2012, the Changwon District Court sentenced two years of suspended sentence for obstruction of performance of official duties at the Changwon District Court on June 6, 200, and even if the judgment became final and conclusive on September 8, 2012, the instant crime was committed, and the Defendant’s character, character and environment, the background and consequence of the instant crime, and the circumstances after the crime, etc., and the sentencing records and arguments presented after the crime are inappropriate.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.