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(영문) 서울북부지방법원 2018.04.13 2017노2063

업무방해등

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment (two years and six months of imprisonment) is too unreasonable.

B. Defendant B’s punishment (a punishment of KRW 7 million) by the lower court is too unreasonable.

(c)

The lower court’s sentence against Defendant B of the Prosecutor (7 million won in penalty) is too unhued and unfair.

2. Determination

A. As to Defendant A’s wrongful assertion of sentencing, the Defendant interfered with and injured Defendant A’s business by force to a restaurant operator who has been able to easily see, and committed an act as the president of the Association of the J in order to supply a singing in the singing room at the children’s day of Gangseo-gu, Gangnam-gu, with the injury, attack, coercion, and interference with the news reporting, and thereby seriously impairing social order and impairing stability by violating the occupation stability law. The nature of the crime is very poor.

Furthermore, the Defendant has been punished more than ten times for the same type of crime, such as violence and interference with duties, and the Defendant again committed the instant crime because he/she was not against or against the Defendant, even though he/she was a repeated offender after completing the term of imprisonment for the crime of coercion.

Even when considering the circumstances favorable to the defendant, such as the above circumstances and the defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., as well as all the circumstances revealed in the arguments of this case, such as the circumstance after the crime was committed, it cannot be deemed unfair because the sentence imposed by the court below is too unreasonable.

B. We also examine the criminal defendant B and prosecutor's improper argument of sentencing.

The crime of this case was committed by threatening the defendant as the president of the J Association who was unable to operate the news room on the ground that the defendant was the president of the J Association, thereby obtaining money from the injured party, and the nature of the crime is very poor.

Moreover, the Defendant.