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(영문) 부산지방법원 2017.04.21 2016노4475

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.

2. The facts charged are recognized by the Defendant, and the circumstances in which the Defendant agreed with the victim for damage to property and obstruction of business are recognized.

However, the defendant, who has been 6 times or more of violence, committed the crime of this case at the business place where women have only been women, and did not agree with the victim of intimidation until now.

In addition, considering the defendant's age, sexual conduct, motive, means and consequence of the crime, circumstances after the crime, etc., even if considering the defendant's economic ability, the sentence of the court below is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

3. The Defendant’s appeal is without merit, and thus, is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Article 25 of the Rules on Criminal Procedure; however, according to Article 25 of the Rules on Criminal Procedure, the Defendant’s appeal is dismissed ex officio, and the facts constituting the crime of the lower judgment, which reads “influence of detention” as “influence of noise,” and the part of “1. commercial concurrence” in the application of the statutes is deleted