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(영문) 서울중앙지방법원 2014.08.21 2014노1833

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

Judgment

It is recognized that the degree of damage caused by obstruction of business does not have much degree of damage and victim D does not want to be punished by the defendant, and the degree of assault in obstruction of performance of business cannot be considered as serious.

However, in full view of such various circumstances as seen above, the lower court appears to have determined the sentence, and the circumstance that could change the sentence of the lower court in favor of the Defendant was not presented to the appellate court, and the Defendant committed the instant crime despite the fact that the Defendant was under the suspension of execution due to the same kind of crime, the Defendant’s history of criminal punishment due to various acts of violence, including obstruction of performance of official duties, exceeds 10 times, and other various circumstances that are conditions for sentencing as indicated in the records and arguments, it is not recognized that the sentence imposed by the lower court is too unreasonable

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to dismiss it.

(However, in accordance with Article 25 of the Rules on Criminal Procedure, the judgment of the court below is ex officio, and it shall be corrected that "the inclusion of one time of detention in the court below and the deletion of Article 57 of the