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(영문) 대구지방법원 2015.10.08 2015노3203
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. The Defendant, without any particular reason, interfered with the business by avoiding disturbance in a restaurant, assaults police officers dispatched to the restaurant upon receiving a report, and destroys their clothes, and continuously assaults police officers and damages the house even after being confined in the detention room. The nature of the crime is not good, and the Defendant has a record of being punished several times for the same crime is disadvantageous to the Defendant.

On the other hand, the fact that the defendant all of the crimes of this case are recognized and against his mistake, and that the victim of the crime of O and bodily injury, which was the owner of the restaurant that had been interfered with by the trial, and that the above victims also want to find the defendant's wife, are favorable to the defendant.

In full view of the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the circumstances after the crime, the punishment imposed by the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314(1) of the Criminal Act applicable to the relevant criminal facts, Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, Article 257(1) of the Criminal Act concerning the criminal facts;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade, Article 2-b of the decision of the court below.

The crimes of obstruction of performance of official duties and the crimes of injury as stated in the paragraph are added.

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