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(영문) 대구지방법원 2014.10.17 2014노456

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (three million won of fine) is too unreasonable.

2. The judgment of the defendant led to the confession of and reflect on the crime of this case, the economic situation of the defendant has deteriorated as the recipients of basic living, the defendant has aggravated health by undergoing heart surgery, etc., and the defendant is a disabled person of Grade III with a mental disability. However, the crime of this case is deemed to interfere with the duties of the emergency room of the hospital, damage property, and the crime of this case is deemed to be bad. The defendant has the record of punishment 11 times (eight times and three times) due to violent crime, there is no agreement with the victim until the trial; the defendant did not reach the judgment; the balance between the crime of this case and punishment similar to the crime of this case; the defendant's age, character and behavior, environment, the means and method of the crime of this case, the motive of the crime of this case, etc. are considered, and the defendant's argument cannot be deemed to be unreasonable because the punishment imposed by the court below is too excessive. Thus, the defendant's assertion is without merit.

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