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(영문) 광주지방법원 2016.01.26 2015노2698
업무방해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. In fact, the Defendant, which is a place where the instant crime was committed, was written between E-cafeterias, but the said restaurant was committed before the opening of the business, and thus there was no customer, and did not avoid any disturbance to the extent that the victim’s business could be obstructed.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

Judgment

A. In full view of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence, namely, E is a leisure space for elderly people; 10 or more customers were at the E restaurant at the time of the instant crime; 2. Police officers, upon receipt of a report of the Defendant’s disturbance, sent to the above site twice; and the Defendant was arrested as a current offender at the time of the second dispatch; and in such process, customers could not easily enter or leave into the E, such as the facts charged, can be recognized as interfering with the victim’s business.

Therefore, the judgment of the court below that convicted the defendant is just and the defendant's misconception of facts is without merit.

B. The Defendant’s decision on the unfair argument of sentencing is favorable to the point that the lower court agreed with the victim.

However, the defendant interfered with the business of the victim by avoiding disturbance in the same place, such as passing several sounds, and taking into account all the sentencing conditions in the records of this case, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, circumstance after the crime, etc., the punishment of the court below is too unreasonable.

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

In conclusion, the defendant's appeal is justified.

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