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(영문) 창원지방법원 2015.09.23 2015노1087
업무방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (De Facto Error) was only a fact that resisted to unfair treatment in the film hall of this case, and did not interfere with the victim's film theater's business.

B. The prosecutor (e.g., punishment of a fine of three million won) sentenced by the lower court is deemed to be undue and unfair.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the fact that the Defendant’s motion picture room set a large interest in the film room of this case, and the Defendant’s motion picture intending to show was announced to be screened in 8, thereby obstructing the Defendant’s motion picture room business by force can be sufficiently recognized.

On the other hand, it is difficult to view the Defendant’s act as an unfair treatment, since the Defendant’s act did not immediately change the pre-sale list to another time, and thus, it appears as a legitimate business to view the re-payment after the cancellation of the pre-sale as an unfair treatment.

Therefore, the defendant's assertion of mistake is without merit.

B. Although the Defendant’s decision on the assertion of unfair sentencing by the prosecutor has had a relatively minor history of punishment for the same or similar crime in the past, considering the favorable circumstances, such as the Defendant’s current treatment of hospital, and other favorable circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed as being excessively unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so ordered as per Disposition.

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