beta
(영문) 대구지방법원 2017.06.09 2016노5110

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 3 million imposed by the court below is too unreasonable.

2. The judgment of the court below shows the attitude that the defendant recognized the facts charged when the defendant was found in the trial, and the defendant was physically disabled persons of Grade 6 in visual disability and has difficulty in economic conditions, etc. However, the crime of this case is deemed to have committed a threat to the victim due to his illness, such as taking a bath at the restaurant operated by the victim, and thus, the crime of this case was not somewhat weak; the defendant did not agree with the victim or receive a letter; there is no change in special circumstances that could change the sentence of the court below after the decision of the court below was made; there is no change in the defendant's age, sex, environment, family relationship, circumstances after the crime, and all the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sex, family relationship, etc., are too unfair. Thus, the defendant's argument is without merit.

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