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(영문) 춘천지방법원 2015.01.14 2014노933

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) that the court below sentenced against the defendant is too unreasonable.

2. The judgment of the court below is a favorable circumstance such as the fact that the defendant divided his mistake into several parts, and that there was an agreement between the victims except the defendant and the victim of the assault committed in this case. However, these circumstances were considered in the court below, and there was no change in circumstances. Meanwhile, each of the crimes in this case is extremely poor in light of the motive for the crime, the frequency and interval of the crimes, etc., and the defendant has several records of punishment including the same crime, and some of the crimes were committed without being aware of during the repeated crime period of the same crime. The blood alcohol concentration of the defendant at the time of the driving in this case is very high to 0.239%, and the defendant caused an accident. The current Road Traffic Act prevents the drinking driving that threatens road traffic safety and prevents it from driving under the influence of alcohol, and it is not recognized that the defendant has already been sentenced to imprisonment with prison labor after taking into account the age limit of the defendant's most severe punishment, and it is not recognized that the defendant has already been sentenced to imprisonment with prison labor after choosing the sentencing.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is groundless. It is so decided as per

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the part 6 of the judgment of the court below shall be changed to the "three million won" in Part 4 of the judgment of the court below as "five million won".