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(영문) 창원지방법원 2015.10.07 2015노1955
업무방해등
Text

The judgment below

Of the judgment below, the part concerning the crime Nos. 6 and 7 of the judgment of the court below shall be reversed.

As to the crime of Articles 6 and 7 of the decision of the court below.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (three months of imprisonment with prison labor for 6 months, 2 years of suspended sentence, 6 or 7 crimes as stated in the lower judgment) is too unreasonable.

2. The instant crime was committed seven times by the Defendant, which interfered with the work of the victims by causing disturbance, such as the main points, convenience points, and humiliations operated or worked by the victims (victims D, G, J, M, P, and R).

The Defendant appears to be the so-called “same bomb” case, including the previous convictions, with a total of 19 times of punishment.

In this case, the perpetrators mainly consider the small-scale self-employed persons who are vulnerable to the crime as the object of the crime, and threaten business interference, if reported, that would seriously interfere with the business, and even after committing the crime, they are able to enter into an agreement, and they are again damaged even after being punished.

In recent years, there is an increase in these people, and it is not easy to take such measures as the increase of social costs to cope with it.

In the case of crimes of subparagraphs 1 through 5 of the judgment below, equity should be taken into account when the judgment was rendered simultaneously with the above crimes of obstruction of performance of official duties, etc. However, there are favorable circumstances in which the victim D, G, J, M, and P agreed. However, since all of these circumstances were considered in the judgment below, there is no particular change in circumstances that may be considered in the sentencing after the judgment of the court below, it cannot be deemed that the sentence of the court below

On the other hand, in the case of crimes under Articles 6 and 7 of the judgment of the court below, the defendant committed a crime during the period of suspension of execution due to a separate crime of obstruction of performance of official duties, etc., and thus, the quality of the crime is not good. However, since the defendant agreed to the victim R and the trial, the punishment of this part

3. In conclusion, there is no reason to file an appeal against the crimes of Articles 1 through 5 in the judgment of the court below.

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