(영문) 전주지방법원 2015.05.22 2014노1426 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2015.05.22 2014노1426

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was a fact that the defendant committed an act as stated in the facts constituting the crime in the judgment of the court below, it was an act committed by the defendant to seek the recovery of damage suffered by the victim, and therefore there was no intention to interfere with business.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, namely, whether the defendant sought a member of the council operated by the victim at each time and time in the judgment of the court below and, in other words, the defendant was responsible for the death of the Bara, etc., which led to the patient of the hospital, and who was in charge of the patient of the hospital. The defendant was at the time of suffering the disturbance from 25 minutes to 2 hours, and the victim who was difficult to restrain the above behavior of the defendant was reported to the police station, it is sufficient to deem that there was an intention to interfere with business by the defendant.

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

B. The fact that the defendant has no record of criminal punishment, etc. is favorable to the defendant.

However, in light of the fact that the crime of this case obstructs the business of the victim's hospital because the defendant 7 minutes to 25 minutes to 2 hours, was sound at the victim's hospital, took a arbitrity, etc., and the nature of the crime is bad, and other various sentencing conditions specified in the argument of this case, such as the defendant's age, character and conduct, family environment, etc., the sentence imposed by the court below is too unreasonable, and thus, the defendant's assertion of unfair sentencing is not accepted.

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

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