beta
(영문) 인천지방법원 2017.01.25 2016노4749

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant had a small sound to the game room proprietor, the Defendant did not interfere with the victim’s game room business, and did not assault the victim’s buck with bucks or bucks, etc.

Nevertheless, the court below convicted the defendant by misunderstanding the facts.

B. Even if the sentencing was found to be guilty, the sentence of the lower court (10 months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the victims suffered damages as stated in the lower court’s decision in an investigative agency and the court of the lower court.

The statement, G, in the investigative agency and the court of the court below, the victim I testified from the defendant that the victim her meets the buck.

A statement, under the influence of alcohol at the Defendant India investigative agency, there is a fact that the game is so sound per hour in the game room, and there is a fact that the victim I kn's knib in the course of the ditch.

It can be recognized that the defendant stated the statement, and in full view of this, the defendant can interfere with the game room business as stated in the judgment of the court below and fully recognize the fact that the defendant abusedd the victim, and thus, the defendant'

B. In full view of all of the circumstances alleged in the grounds of appeal, including the Defendant’s age, sex, occupation and environment, motive and circumstance after the crime, etc., the lower court’s punishment is too unreasonable, even if considering all of the circumstances alleged in the grounds of appeal, and thus, it is not recognized that the Defendant’s unfair assertion of sentencing is unfair, since it is not acceptable to accept the Defendant’s unfair assertion of sentencing, since the Defendant’s punishment is too unreasonable, considering all of the circumstances alleged in the grounds of appeal, such as the Defendant’s age, sex, occupation and environment, motive and circumstance after the crime was committed.

3. Conclusion.