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(영문) 울산지방법원 2019.08.22 2019노519
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant led to the confession of the crime of this case and reflects his mistake, and that the defendant paid 80,000 won to the victim in the original trial and did not want the punishment against the defendant, etc.

However, the Defendant committed the instant crime under the influence of alcohol, and thereby obstructing the restaurant business by drinking alcohol without ordering it at the restaurant operated by the victim and taking a bath to customers. In light of the method and mode of crime, etc., the nature of the instant crime is not good. The Defendant was sentenced to 6 months of imprisonment with prison labor or 2 years of suspension of execution at the Ulsan District Court on August 4, 2017, and the judgment became final and conclusive on August 12, 2017, and again committed the instant crime even during the suspension of execution. In particular, the Defendant committed the instant crime while under the suspension of execution, and the Defendant still was sentenced to a fine of KRW 7 million at the Ulsan District Court on April 18, 2018, without being able to take into account the possibility of criticism or risk of recidivism, and considering the circumstances other than the same type of crime, the Defendant’s motive, motive, and circumstances leading up to the instant crime, as well as the following circumstances, etc., the Defendant’s motive, motive, and punishment of the instant crime.

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

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