(영문) 울산지방법원 2016.12.23 2016노1907 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2016.12.23 2016노1907

업무방해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant filed each appeal on the grounds that the sentence imposed by the lower court (four months of imprisonment) is too unreasonable, and the prosecutor is too unhued and unreasonable.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant was found to have committed the instant crime when the Defendant was in a trial; (b) the fact that the Defendant appears to have caused the instant crime by drinking; (c) the fact that the property damage caused by the instant crime was not serious; and (d) the fact that the Defendant agreed with the victim in the trial.

On the other hand, the crime of this case was committed on the part of the defendant's main place of drinking and drinking at the victim's own place of drinking and drinking, and was committed by taking the 50 minutes of drinking with a large voice to other customers, and obstructed the victim's main business by force, and thereby obstructing the victim's main business by force. In light of the circumstances of the crime, method, mode, etc., the crime was very poor; there was a number of criminal penalties, such as one fine for interference with business, two times of suspension of execution due to the same type of crime of obstruction of performance of official duties, two times of fines, and 11 times of fines due to violence, and two months of imprisonment with prison labor for larceny on January 22, 2015, for which the execution of the sentence has not been completed, and even if the crime of this case was committed again during the period of imprisonment with prison labor and the execution of the sentence has not been completed, and the defendant did not respect the defendant, such as denying his own criminal act, etc.

In full view of the above circumstances and the Defendant’s age, family relation, criminal record, character and conduct, environment, means and method of committing the crime, motive and circumstance of the crime, and all the sentencing conditions as shown in the argument of the instant case, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. Conclusion, the defendant.

유사 판례

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