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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2013.05.23 2013노315
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The Defendant does not have any misunderstanding of facts in the E-Public Notice Board operated by the victim D, to avoid a disturbance or to insult the victim.

B. The sentence of the judgment of the court below on unreasonable sentencing (one year of imprisonment, one year of suspended execution, one year of probation, and one hundred and sixty hours of community service) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, and in particular the statement at D and G investigative agencies and the lower court’s court’s court’s court’s trial, the Defendant interfered with the business operation of the notified party by causing the disturbance, such as: (a) the Defendant’s obsing the victim’s humiliation from March 23, 2012 to July 25, 2012; and (b) the Defendant’s insulting the victim’s humiliation by taking the victim’s desire on or around March 23, 2012; and (c) the Defendant’s assertion of mistake of facts is sufficiently recognized.

B. In light of the following factors: (a) the Defendant, even prior to the conclusion of the allegation of unfair sentencing, has been punished by interfering with the business of the Institute of Public Notice by taking a desire and avoiding disturbance several times; (b) the Defendant committed a crime of insulting the police officer dispatched upon receiving a report; and (c) the Defendant, other than the criminal facts of this case, provided several other occupants or victims with the desire and avoiding disturbance; and (d) the occupants have suffered significant pain in living a daily life; (b) as a result, the occupants were released from office before the contract expires; and (c) new occupants were not located in the Institute of Public Notice; (d) the victim suffered economic damage equivalent to the rent of the Institute of Public Notice by denying the Defendant’s crime until the trial at the time; and (e) taking account of various factors indicated in the argument of this case, such as the method of the crime of this case, the background and circumstances of the crime; and (e) the Defendant’s age and character, etc.

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