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(영문) 서울북부지방법원 2015.08.27 2015노1070

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The judgment of the court below shows that although the defendant's mistake is recognized and is the visually disabled of class 6, the state of health is very bad because he suffers from alcohol dependence cy C and chronic virus C infection without occupation, living conditions are very difficult because he maintains his livelihood with the basic livelihood cost without occupation, and the victim seems to have committed the crime of this case by drinking and contingently, and the victim expressed his intention that he does not want the defendant's punishment at the investigation stage. Although the court below agreed with the victim, the defendant only agreed with the victim that he was punished by a fine for the same kind of crime as the crime of this case, the defendant not only is a repeated crime due to perjury, but also is a repeated crime due to perjury, such as interference with duties again committed during the period of the suspension of the execution of imprisonment with prison labor due to perjury, the defendant's occupation, motive and necessity to punish the defendant without being sentenced to three times or a fine, and the circumstances that the defendant committed the crime of this case are too serious before, after considering the circumstances that the defendant committed the crime of this case.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.