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(영문) 대전지방법원 2016.11.09 2016노1250

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unreasonable.

2. It is recognized that there are favorable circumstances such as that the victim did not want the punishment of the defendant, and that the defendant committed all the crimes of this case.

However, according to the following circumstances: (a) the threat of force of use by the Defendant, such as attempting to commit an intentional act, is somewhat poor to the nature of the crime; (b) the time to obstruct the business; and (c) the Defendant has been punished several times as a violent crime; and (d) the instant crime was committed during the period of repeated crime due to such violent crime, it is reasonable to punish the Defendant solemnly.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the original judgment and the punishment different from the circumstances after the crime, the lower court’s punishment is too unreasonable.

3. In conclusion, 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. It is so decided as per Disposition.