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(영문) 울산지방법원 2016.12.23 2016노1773
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The crime of this case on the part of the victim was committed on the part of the victim, but the victim requested to sing and singing in the main place operated by the victim, but the defendant expressed a great voice to the victim for the reason that the defendant did not let the victim sing rapidly sing because he applied for the above, and 25 minutes of the disturbance, such as singinging the victim's spath, and spathing the victim's spath with the victim's spath, and obstructing the victim's main business with the victim's spath because the victim's spath with the victim's spath, etc. In light of the circumstances of the crime, how the crime was committed, and how the crime was committed, and that the defendant had been committed four times as violence crimes even before

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant recognizes and reflects his mistake, that the victim does not want the punishment of the defendant, that the victim appears to have caused contingent crimes under the influence of alcohol, that there was no record of punishment for the same kind of crime since 2010, and that there was no other record of punishment for the same crime, it is not recognized that the punishment imposed by the court below is too unjustifiable, and it is not deemed that the punishment imposed by the court below is too unreasonable.

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

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