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(영문) 서울중앙지방법원 2015.09.24 2015노1776
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The Defendant: (a) was sentenced to six months of imprisonment at the Seoul Central District Court on January 21, 2013 to the crime of interference with business with the crime that “the Defendant committed the instant crime on May 28, 2013; (b) was sentenced to a fine on nine occasions from 2010 to 2013; (c) the Defendant had been sentenced to punishment on nine occasions due to the crime of assault, bodily injury, interference with business, and destruction of property; (d) the period of punishment exceeds three times; (c) the Defendant expressed a desire to the victims, who are market merchants, and interfered with the business of the victims, without any particular reason; (d) the Defendant appears to have expressed against the victim; and (e) the Defendant appears to have been sentenced to imprisonment on May 28, 2013; and (e) the circumstances and circumstances leading up to the occurrence of the instant crime, including the victim and the Defendant’s motive to be hospitalized; and (e) the Defendant’s motive and method of treatment and the record that were unreasonable.

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

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