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(영문) 서울남부지방법원 2014.12.18 2014노1700
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as indicated in the instant facts charged, convicted the Defendant by mistake of facts, even though not only interfered with the victim’s business, but also did not have any redlight into the D cafeteria operated by the victim.

B. The sentence imposed by the court below on the defendant (the fine of 500,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below on the assertion of mistake of facts, since it is sufficiently recognized that the defendant entered the above D cafeteria and committed a crime of interference with business as stated in the facts charged in this case, the court below's judgment of conviction is just and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant and his defense counsel.

B. Considering the motive and method of the instant crime, the degree of damage, the circumstances after the instant crime, and the criminal records of the Defendant as to the allegation of unfair sentencing, the sentence imposed by the lower court is not deemed unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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