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(영문) 대구지방법원 2015.06.19 2014노2299
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. The judgment of the court below has a favorable condition, such as the confession of the crime of this case and the fact that there is no record of criminal punishment exceeding the previous and fine. However, while the crime of this case is under the influence of alcohol by the defendant, the defendant entered a bowling pool operated by the victim without any justifiable reason to damage the goods owned by the victim, and obstructed the business of the bowlinging place by taking a bath to customers, etc., and the nature of the crime is not good; the agreement with the victim was not reached up to the trial and the damage recovery was not made; the equity of sentencing with the same or similar case; the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case; and all of the sentencing conditions indicated in the records and arguments of this case, such as the records and arguments of this case, are unreasonable. Thus, the above argument of the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the phrase “1. Induction” in the application of the law of the court below ex officio shall be corrected as the phrase “B” under Articles 70 and 69(2) of the Criminal Act, which was amended by Act No. 12575 of May 14, 2014, which was amended by Act No. 12575 of May 14, 2014.

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