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(영문) 의정부지방법원 2015.12.18 2015노1376

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. The fact that the judgment of the defendant recognizes the crime and reflects the fact that the victim and the victim have not been punished against the defendant by the agreement with the victim, and that the defendant is receiving alcohol respect and friendly treatment and is living in good faith is favorable to the defendant.

However, even before committing a crime, the Defendant was punished several times, and was punished four or more times for the same kind of crime, and committed the instant crime again during the period of suspension of execution due to the same crime (a crime that has discovered convenience points in the night). In full view of all the sentencing conditions, including the motive and background of the crime, the method and consequence of the crime, the circumstances after the crime, the Defendant’s age, environment, criminal record relation, etc., including the fact that the period during which the Defendant interfered with his/her business reaches one hour and 40 minutes, the lower court’s punishment cannot be deemed to be too unreasonable.

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