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(영문) 대구지방법원 2016.05.04 2015노2577
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the lower judgment, did not interfere with the business of the victim.

B. The punishment sentenced by the lower court (the penalty amount of KRW 700,000) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant can sufficiently prove the fact that the defendant interfered with the victim's business by means of a large voice as stated in the judgment of the court below and a threat, etc., and therefore, the defendant's assertion of mistake of facts is without merit.

B. Although there are favorable circumstances for the defendant, such as the fact that the injured party does not want the punishment of the defendant, the defendant does not go against the defendant by denying the charges of this case up to the trial of the court below, etc. The defendant has a history of criminal punishment several times for violent crimes, such as the crime of property damage and the crime of bodily injury, there is no special change in circumstances to change the sentence of the court below after the decision of the court below, and other conditions of sentencing as shown in the records and arguments of this case, such as the character, conduct and environment of the defendant, it is not recognized that the sentence of the court below is too unreasonable, and therefore, the defendant's improper assertion of sentencing is not justified

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

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