logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.10.21 2014노2515
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In spite of the fact that the Defendant did not interfere with the victim’s business by exercising physical power or harming the victim’s sexual intercourse in a restaurant where the victim was working, the lower court convicted the Defendant of the facts charged in this case. The lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentence of a fine of one million won imposed by the court below on the defendant is too unreasonable.

2. In full view of the following circumstances acknowledged by the evidence duly examined and adopted by the court below regarding the assertion of mistake, namely, ① the victim is consistently demanding the victim who refuses to sell alcohol to the court of the court below until the investigation process as well as the court of the court of the court below to sell alcohol and consistently stated that the victim interfered with the victim’s business by means of “E” and “E”, ② there is no special circumstance to deem that the victim made a false statement unfavorable to the defendant; ③ Meanwhile, the defendant also recognized the fact that the victim would not sell alcohol to the defendant during the investigation process and requested the police to continue selling alcohol in the above restaurant until the police is dispatched by the defendant’s report, and the fact that the defendant interfered with the victim’s business at the time and place stated in the facts charged of the instant case can be sufficiently recognized.

Therefore, the defendant's above assertion is without merit.

3. The instant crime on the assertion of unfair sentencing was committed by the Defendant while under the influence of alcohol; the damage from the instant crime is not significant; the victim appeared as a witness of the lower court’s trial and expressed his intention not to punish the Defendant; the Defendant has no record of criminal punishment other than a fine; and the Defendant’s health is not good due to a wooden disc.

arrow