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(영문) 서울북부지방법원 2017.04.28 2017노397

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (three months of imprisonment) is too unreasonable.

2. The judgment of the defendant is contrary to the recognition of the crime, and the victim does not want the punishment of the defendant. However, the crime of this case is likely to obstruct the restaurant business by taking a bath for 40 minutes on the ground that the victim does not pack one part of the victim's body at the window by means of multiplying the victim's extension, and thus, the crime of this case is heavy due to poor contents and circumstances of the crime.

Defendant has been sentenced to 23 times of a fine, 2 times of suspended execution, and three times of a suspended sentence, and the crime of this case is committed during the period of repeated crime, such as a crime of violating the Punishment of Violences, etc. Act, a crime of bodily injury, a crime of obstructing duties, a crime of destroying property, and a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes.

In full view of the above circumstances, the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and circumstances revealed in the instant pleadings, etc., the Defendant’s imprisonment with prison labor for three months cannot be deemed as unfair due to the absence of a sentence of imprisonment with prison labor imposed by the lower court.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.