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(영문) 서울중앙지방법원 2015.11.20 2015노3414

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The fact that a mistake of facts in the contents stated in the judgment of the court of first instance makes a sound, but there is no fact that the defendant interferes with the victim's work by force by one-hour aggravation.

B. The first instance of the unfair sentencing decision (the fine of 300,000 won) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, the fact that the Defendant, as stated in the judgment of the first instance court, has interfered with the victim’s business by force for about one hour, including the sound, etc.

The defendant's assertion of mistake is without merit.

B. On the assertion of unfair sentencing, the first instance court’s punishment is too unreasonable in light of the following: (a) the process, mode, and degree of the instant crime interfering with business; (b) the circumstances before and after the instant crime; (c) the Defendant’s age, character and conduct; and (d) the circumstances after the commission of the crime; and (c) all of the sentencing conditions

The defendant's assertion of unfair sentencing is without merit.

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