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(영문) 울산지방법원 2016.03.11 2016노37

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. In light of the facts that from around 2012 to before the instant crime, the Defendant had been punished eight times or a fine due to interference with duties, fraud, etc., and the Defendant did not habitually engage in the instant crime, and did not interfere with duties, and did not interfere with the principal offender or a police officer dispatched the instant crime, the victim C and K did not want to be punished by the Defendant, and there was no record of criminal punishment more than suspension of qualification or heavier punishment. However, from around 2012 to around the instant crime, the Defendant had been punished by a fine of eight times or more due to interference with duties, fraud, etc., and the Defendant did not habitually engage in the instant crime, and did not interfere with duties, such as interfering with the duties of the principal offender or the police officer dispatched by the principal offender or the police officer who committed the instant crime. In light of the fact that the Defendant’s interference with the business of the instant case or committed the crime of non-exclusive operation of the Defendant, the Defendant’s punishment for some of them was sought, there is a need for strict punishment against the Defendant.

In addition, considering the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, various sentencing factors indicated in the records, such as the circumstances after the crime, etc., the sentence of the lower court is too unreasonable, and thus, the Defendant’s above assertion is without merit.

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

However, in accordance with Article 25 of the Rules on Criminal Procedure, Article 360 of the Criminal Act shall be corrected to “Article 260 of the Criminal Act” in Article 10 of the 5th page of the judgment of the court below in the application of the law of the court below.