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(영문) 서울남부지방법원 2018.11.20 2017노2065
업무방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal that the lower court rendered (five million won in penalty) is too heavy or unreasonable.

2. The crime of this case is deemed to be one of the offenses committed by the Defendant, because of the fact that the Defendant’s employees of the company operating the victim would take an examination for himself/herself, and thus is likely to interfere with his/her duties by avoiding disturbance, such as taking a bath for him/her, taking an employee

The Defendant committed a crime of violence more than 10 times and, in particular, committed the instant crime even though he was sentenced to a fine on several occasions by putting the crime of bodily injury and the crime of bodily damage during the period of repeated crime.

Therefore, it is necessary to strictly punish the defendant.

However, the defendant is led to confession from the investigation process, and the victim does not want to punish the defendant by agreement with the victim.

The degree of damage is not so severe.

The defendant has a mental disability of grade 6, and is not healthy due to mental cerebral cerebral cerebral typhism, liveral function disorder, etc.

In light of these various circumstances, it seems desirable to give the defendant the opportunity to live as sound members of society by cutting the preference of fines, rather than being isolated from society for a long time by sentencing the defendant's punishment, and then making the defendant live as sound members of society.

In addition, in full view of all the sentencing circumstances indicated in the records and arguments of this case, including the defendant's age, sex, family environment, circumstances after the crime, etc., the sentence of the court below is appropriate.

Therefore, the defendant and the prosecutor's argument are without merit.

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

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