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(영문) 서울중앙지방법원 2014.10.24 2014노3084

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (e.g., in a case where the defendant led to confession and reflects on the crime of this case, and the victim wants to take the defendant in advance by mutual consent after causing damage, and the suspension of execution sentenced to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (the act of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) becomes effective before the sentence of the defendant is finalized and results in harsh treatment to the defendant, the punishment of the first instance court is too unreasonable.

2. The judgment of the defendant was sentenced to a fine of one million won for the crime of obstruction of performance of official duties at the Seoul Central District Court on January 2, 2007. On January 5, 201, the court was sentenced to the same crime of interference with business and the crime of obstruction of performance of official duties in the same court on June, 201, and was sentenced to a fine by the same court on February 7, 2012. Nevertheless, the defendant again was sentenced to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving of Drivers, etc.) during the period of the above suspension of execution, and was sentenced to a probation for three years and 100 hours after the suspension of execution. The defendant was sentenced to a probation for one year and six months after he was sentenced to a probation for the crime of this case without being among the persons under the suspension of execution of official duties, and even if he was tried to the police officer after the crime of this case, he did not seem to have any motive and reason for the crime of this case, considering the following circumstances.

3. According to the conclusion, the appeal by the defendant is groundless, and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act.