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(영문) 수원지방법원 2015.07.28 2015노1498

업무방해등

Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that a defense counsel (unfair form of punishment) commits each of the crimes in this case by drinking alcohol and contingently, there is a difficulty in economic situation as a recipient of basic living security, and the recovery of damage, the sentence of the court below that sentenced the defendant for three months is too unreasonable.

B. In light of the following facts, each of the instant crimes committed by the prosecutor (unfair form of punishment) committed by the Defendant, in a restaurant operated by the victim D, obstructing its business by avoiding disturbance, such as unloading a sentry, taking a bath, etc., ordering food to the victim and obtaining pecuniary benefits by being provided with no intent or ability to pay the price, is not sufficient to commit the crime; the Defendant committed each of the instant crimes during the suspended execution period; the Defendant had the record of being subject to criminal punishment for the same kind of crime; and the need for a proper sentence even for the prevention of recidivism, the sentence imposed by the lower court is too unreasonable.

2. The nature of each of the instant crimes is not good, and the Defendant was sentenced to a suspended sentence of three years and six months on March 22, 2013 to imprisonment with prison labor on the grounds of property damage, etc. in Suwon District Court’s Ansan Branch, and the said judgment became final and conclusive on June 8, 2013, and committed each of the instant crimes during the suspended sentence period. On June 1, 2000, the Suwon District Court sentenced the suspended sentence of two years for the crime of interference with business, damage to property, and violation of the Punishment of Violences, etc. Act (joint assault) and sentenced to criminal punishment for the crime of violation of the Road Traffic Act (joint assault).

On the other hand, the defendant reflects the mistake, paid 30,000 won to the victim, thereby causing damage to the crime of this case, and the victim expressed his intention that he does not want the punishment of the defendant.

In addition, the motive and background of each of the instant crimes, circumstances before and after the crime, degree of damage, and other cases.