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(영문) 울산지방법원 2017.02.10 2016노2123

업무방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case on board was committed by the Defendant at the singing room operated by the Defendant, which demanded the other customers to join, but was refused to take a bath, and obstructed the victim’s singing-making business by getting the door door off, etc. In light of the circumstances leading up to the crime, how the crime was committed, how the crime was committed, and how the Defendant was punished nine times as a violent crime. In particular, the Defendant committed the crime of this case without being aware of it during the suspension period, and committed the crime of this case, which is disadvantageous to the Defendant.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant recognized the defendant's mistake and reflects, the victim agreed with the victim, and the victim actively sought the defendant's preference while submitting a written application at the court below several times, and the fact that the defendant seems to have caused the crime of this case by contingency under the influence of alcohol, etc., and other factors of sentencing as shown in the argument of this case, such as the defendant's age, sex, family environment, motive and circumstance of the crime, means and consequence of the crime, etc., it is not recognized that the sentence imposed by the court below is too uneasible and unfair.

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