(영문) 창원지방법원 2018.10.17 2018노1351 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2018.10.17 2018노1351

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding 1) Business interference part: The Defendant did not interfere with the work by cutting off electric wires installed on the rooftop of a building at D site, such as as written in the facts charged, cutting off four iron structure from the above site using a oxygen cutting machine, inserting it into the rear part of the premium shield, etc.

2) The part of the assault: Although the defendant had a major pen with the O, he did not have the intention of assault.

3) Modern part: The Defendant made the victim who did not pay the construction cost a statement that “the victim is a fraudulent change,” and did not make any other motive as stated in the facts charged.

(b) Sentencing (the punishment of the court below: Imprisonment with prison labor for eight months, suspension of execution of two years, community service hours for 80 hours).

2. Determination

A. As to the assertion of mistake of facts, the Defendant also made the same assertion as the grounds for appeal, and the lower court rejected all of the above arguments by providing a detailed statement of the Defendant’s assertion and its judgment in the written judgment. Examining the judgment of the lower court in comparison with the evidential materials, the said judgment is justified.

The above assertion by the defendant is without merit.

B. As to the wrongful assertion of sentencing, the appellate court is reasonable to respect the judgment of sentencing of sentencing of the first instance in a case where there is no change in the conditions of sentencing compared with the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion.

2) The lower court, taking into account the following circumstances: (a) the motive and background leading up to each of the instant crimes; and (b) the fact that there are no other criminal records except that the Defendant was fined several times; and (c) determined the sentence, taking into account the Defendant’s age, sexual conduct, environment, motive and means of the instant crime; and (d) the circumstances after the commission of the crime, etc., having regard to various sentencing conditions as shown in the instant

The judgment of the court below is to determine the punishment of the defendant.

유사 판례

-창원지방법원 2018.05.25 2017고단2568

-서울고등법원 2017.01.20 2016노3744

-창원지방법원 2018.09.19 2018노1606

-창원지방법원 2018.10.31 2018노1887

-서울동부지방법원 2018.06.28 2018노472