logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.12.04 2014노3368
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the Defendant, as stated in this part of the facts charged, tried to display a luxer’s disease to the victim or to make a luxe, as stated in this part of the charges.

B. The lower court’s sentence (one million won of fine) on the ground of unreasonable sentencing is too unreasonable.

2. Determination

A. According to the investigation report stating the victim's statement and witness C's statement in the judgment of mistake of facts, and the investigation report stating F's statement sent to the site after receiving a report at the time the case occurred, the defendant can sufficiently recognize the facts that the defendant abused the victim as stated in this part of the facts charged.

Therefore, the defendant's assertion of mistake is without merit.

B. The Defendant’s economic situation is not good, and the Defendant’s wife appears not to have good health, etc. are favorable circumstances to the Defendant.

However, in full consideration of the circumstances favorable to the Defendant, the lower court appears to have sentenced to a more reduced sentence than 1.5 million won of a summary order (a fine), and there is no change of circumstances that would differ from that of the lower court in the trial; the Defendant has been punished seven times in the past; the Defendant did not reach an agreement with the victims or recover from damage up to the trial; the Defendant’s age, character and conduct, personality and conduct, motive of the instant crime, and circumstances after the instant crime, etc. are considered as inappropriate in light of the following factors: (a) equity in sentencing with the same and similar cases; (b) equity in sentencing with the victims; and (c) the Defendant’s age, character and conduct, motive of the instant crime

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

arrow