(영문) 부산지방법원 2015.01.30 2014노4086 | 리걸엔진

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(영문) 부산지방법원 2015.01.30 2014노4086

업무방해등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Regarding the error of fact-finding on May 11, 2014, there was no fact that the Defendant used force to the extent that it could interfere with the restaurant business operated by the victim N, and there was no intention to interfere with the victim R's mobile phone agency business in response thereto, but there was no intention to interfere with the victim R's mobile phone business operation on May 27, 2014, and there was no fact that the victim affected the victim R or interfered with the business of the victim's agency business by means of assaulting the victim R or interfering with the victim's agency business.

B. The 8-month imprisonment imposed by the court below on the defendant is too weak or unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding the assertion of mistake, the Defendant obstructed the Defendant’s restaurant business of the victim N on May 11, 2014, as indicated in the facts charged, by means of cutting the table table or taking a large amount of bath on the restaurant of the victim NN business, etc.; on May 27, 2014, the Defendant took a bath to the victim R, who is an employee of the mobile phone engine, and obstructed the agent’s business by preventing customers from entering the agency; on May 28, 2014, the Defendant assaulted the said victim by means of taking a bath to the victim R and taking a disturbance; and it can be sufficiently recognized that the Defendant interfered with the agent business of the said victim. Therefore, all of the aforementioned arguments are without merit.

B. It is recognized that the Defendant’s judgment on the assertion of unfair sentencing recognizes a part of the crime and reflects his/her mistake, and the health of the Defendant is not good due to brain color, etc., and economic conditions are not limited as a basic livelihood recipient, and the Defendant’s wife and his/her father wanting to take the Defendant’s wife against the Defendant.

Meanwhile, each of the instant crimes has been committed from March 2014 by the Defendant.

유사 판례

-전주지방법원정읍지원 2014.11.20 2013가단7590

-수원지방법원 평택지원 2017.01.19 2016고단2615

-수원지방법원 2013.02.13 2012노5317

-서울서부지방법원 2020.10.26 2020노817

-부산지방법원 서부지원 2019.10.17 2019고정507