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(영문) 대전지방법원 2014.01.08 2013노1794
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the purport of the grounds for appeal (e.g., the form of punishment) and the agreement with the victim, etc., the sentence imposed by the court below (a fine of one million won) is too unreasonable.

2. It is recognized that the judgment is against the defendant, and that the victim did not want the punishment of the defendant in consultation with the victim D at the investigation stage.

However, the crime of this case was committed under the influence of liquor by the defendant while the defendant lacks the ability to discern things or make decisions, thereby obstructing the victim's marina business by force for about 20 minutes by avoiding disturbance, such as destroying drinking water, etc. on the floor that the victim did not sell alcohol, and thereby obstructing the victim's marina business. The crime of this case is already committed by the defendant, such as destroying things owned by the victim without any error and obstructing marina business. The crime of causing property damage or interference with business, etc. is already committed by the defendant. The defendant has already been punished by a fine of KRW 1.5 million in 207, a fine of KRW 5 million in 2008, a fine of KRW 500,000 in 209, KRW 1 million in 2009, and KRW 1 million in 2012 in 200, and even if it was recognized that the victim and the defendant agreed to do so, considering the fact that the court below is also aware that the defendant had agreed to do so, the defendant's health conditions and circumstances before and after the above.

3. In conclusion, the defendant'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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