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(영문) 부산지방법원 2017.12.01 2017노3643
업무방해등
Text

The defendant's appeal is dismissed.

The costs of lawsuit by the court below shall be borne by the defendant.

Reasons

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment of the defendant is divided into his mistake, and that the damaged party does not want the punishment of the defendant.

However, each of the crimes of this case is that the defendant interfered with the operation of singing 20 minutes by singing, and is insulting to police officers dispatched after receiving a report of about 112, and the responsibility for the crime is grave. The defendant has the record of fine, suspension of execution and punishment due to violent crimes, etc., and the defendant committed each of the crimes of this case without being aware of the period of repeated offense due to violent crimes, and the victim was not able to use the insulting victim, there is no change of circumstances that could otherwise determine the age, sex, environment, motive, means and consequence of each of the crimes of this case, and the circumstances after the crime, etc., the punishment of the court below is too unreasonable, considering all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, the motive, means and result of each of the crimes of this case.

Therefore, the defendant's assertion is without merit.

3. In conclusion, 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. It is so decided as per Disposition by applying Articles 191 (1) and 190 (1) and the main text of Article 186 (1) of the Criminal Procedure Act on the burden of litigation costs incurred at the court below.

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