업무방해등
The defendant's appeal is dismissed.
1. The sentence imposed by the court below (4 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The Defendant recognized the instant crime, and thereby is against his mistake.
The Defendant appears to have committed the instant crime under the influence of drinking, and the amount of damage caused by the instant property damage is relatively small.
The victim submitted a written agreement stating his/her intention to not punish the accused in the trial.
However, the crime of this case is deemed to obstruct the principal business of the victim by using violence or avoiding disturbance without any particular reason, and damages the property owned by the victim. In light of the circumstances, method, etc. of the crime of this case, the case is somewhat minor.
subsection (b) of this section.
In addition, even though the Defendant had been punished several times due to violent inclinations, such as assault, damage to property, and disturbance of duties, the Defendant committed the instant crime, even during the period of repeated crimes due to the crime of assault, and the liability for the instant crime is not easy, and most recent crimes committed by the Defendant are against the residents living in the neighborhood of the Defendant’s residence. The instant crime is similar to the instant case, even if the degree of damage for each individual crime is not significant, taking into account the fact that the crime of interference with duties and damage to property is a crime of a nature that causes a great damage to those living in good faith while continuing the same kind of crime and does not seem to have the intent to improve the personality and conduct.
Various of these circumstances, the defendant's age, sexual conduct, environment, relationship with the victim, motive, means and result of the crime of this case, various sentencing conditions shown in the records and arguments, such as the motive, means and result of the crime of this case, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court's Sentencing Committee ( Imprisonment with labor from January to November)
(a) Interference with the business (the scope of punishment for recommendation).