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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal 1) The Defendant, who misleads the Defendant of the fact, only caused a somewhat large amount of inconvenience to the victim engaged in the business of packaging the horses illegally, provided that the customer, as described in the facts charged in the instant case, was able to take a bath to the customer, and the victim “I am deadly discarded.”
There was no desire for the victim to “,” and there was no intention to interfere with the victim’s work.
However, the lower court rendered a judgment of conviction against the Defendant by misunderstanding the facts.
2) The sentence of the lower court (one year of suspended execution for four months of imprisonment with prison labor, and eight hours of violent therapy lectures) is too unreasonable.
2. The Defendant, at the first trial date of the lower court, led to the confession of all the facts charged in the instant case, and denied the purport that the Defendant did not have any abusive intent and did not have any intention to interfere with business.
However, comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendant may fully recognize the fact that the Defendant obstructed the victim’s business by taking care of the customer and the victim of the packaging horse operated by the victimized person as stated in the facts charged in the instant case.
The confession of the defendant by the court below is consistent with objective circumstances and reasonable.
The judgment of the court below is justified.
(1) A vehicle operated by side packaging at the site of this case
F The defendant assumes a bath to the guest, the victim shall be sleeped, and the victim shall be sleeped.
The phrase " was cited as "...."
The victim made a statement (14 pages of the investigation record). The victim expressed that the Defendant expressed a large voice of “I am hy, hyp, hyp.” to the customer at the investigative agency.
(2) The defendant made a statement (19th page of investigation record). (2) At the time, the defendant was under the influence of alcohol, was scambling and scambling the columns of the packaging wheeler operated by the victim with two descendants, and the fact that he/she made a cambling dispute with the customer is recognized (69-73th page of investigation record).