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(영문) 서울북부지방법원 2019.07.12 2019노769

업무방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court dismissed the public prosecution on the insult of the facts charged in the instant case and convicted the Defendant of interference with business.

However, the prosecutor appealed only to the conviction part of the judgment below, and the prosecutor and the defendant did not appeal the dismissal part of the judgment below. Thus, the dismissal part of the judgment below was separated and finalized as it is and excluded from the scope of the judgment of this court.

2. The summary of the grounds for appeal (e.g., a fine of two million won) imposed by the lower court is too unhued and unreasonable.

3. The judgment is based on the records that the Defendant had been sentenced to two times of suspended execution and five times of criminal punishment due to violent crimes, and the Defendant, however, at the drinking house, took the disturbance from the police officer, etc. to take a bath to other customers, etc., and obstructed his/her business by searching for the disturbance from the police officer, etc., which is disadvantageous to the Defendant.

However, considering all of the sentencing conditions in the records and arguments of this case, such as Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, the circumstances before and after the crime, etc., the sentencing of the lower court is too unfeasible and it is not recognized that it exceeded the reasonable scope of discretion.

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