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(영문) 의정부지방법원 2016.09.23 2016노1597
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (1.5 million won penalty) imposed by the court below on the defendant is excessively unreasonable.

2. On the grounds of appeal, the following facts are considered as follows: (a) the Defendant’s mistake is against himself/herself while recognizing all the facts constituting the instant crime; and (b) the Defendant appears to have been granted decision on immunity in bankruptcy proceedings in recent bankruptcy proceedings as a person eligible for livelihood assistance under the Emergency Aid and Support Act; and (c) the economic situation appears to have been recognized as favorable to the Defendant.

However, in light of the contents and methods of the crime, each crime of this case, such as obstructing the defendant's duty of guarding the victim D, who is the security guard of the apartment in which he resides, and taking the victim G, who is the police officer, in the course of being arrested as the current offender, with a large voice, is not less than the nature of the crime in light of the contents and methods of the crime. There have been several records of punishment due to the victims' agreement or complete recovery, violence-related crimes. Considering the various circumstances of the defendant, the court below seems to have reduced the amount of 3 million won by 1.5 million won issued by the summary order in consideration of the defendant's various circumstances, there is no special change of circumstances that can reduce the punishment of the court below. There is no balance of general punishment in the same and similar cases, the defendant's age, sexual behavior, intelligence and environment, the motive and background of the crime of this case, the relation with the victim, the method and frequency of the crime of this case, the possibility of the crime, the circumstances and circumstances of the defendant's health, etc.

3. As such, the Defendant’s appeal is without merit, and thus, pursuant to Article 364(4) of the Criminal Procedure Act.

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