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(영문) 수원지방법원 2016.05.26 2015노5844
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the defendant's appeal grounds (unfair sentencing) is against the defendant's wrong, the defendant's punishment of the court below, which sentenced a suspended sentence of 2 years and protection observation, and a community service order of 120 hours for 120 hours, is too unreasonable in light of the following: (a) the defendant was aware that he was hospitalized by the F Hospital; and (b) he was able to block the crime of this case, and there was no intention to harm the above hospital; and (c) the defendant was mixed with his wife, and he was in need of four children; and (d) it is difficult for him to provide community service for 120 hours.

2. The crime of this case is likely to cause a rapid increase in the number of metr patients and thus causes national uneasiness, thereby obstructing the business of the above hospital by spreading false facts, such as the Defendant hospitalized the patient at F Hospital. As a result, not only caused damage to the above hospital but also caused considerable anxiety to the general public, but also caused damage to the general public. It is possible to have the record of criminal punishment on March 29, 2001 by being sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act on March 29, 2001. In full view of all the conditions of the sentencing as shown in the records and arguments of this case, such as the Defendant’s age, sex, sex, environment, motive and background of the crime, degree of damage, and circumstances after the crime, etc., the above assertion is without merit, since the court below’s punishment, despite considering the circumstances alleged in the grounds for appeal, is not deemed unfair.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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