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(영문) 의정부지방법원 2017.01.17 2016노2704
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of misunderstanding the fact, the mold produced in the above dental services did not fit, and thus, the defendant, who is aged and has a defect of hearing and hearing impairment, made a claim somewhat large voice, and does not interfere with the victim’s duties by force.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the lower court, such as the witness D’s statement in the lower court on the assertion of mistake of fact, the Defendant did not properly comply with the framework at the time.

In the process of protesting by finding the above dental services, it is recognized that the above dental services rendered a disturbance by placing a large interest in the waiting room where patients, etc. waiting in the surrounding area, and breaking the cryp to the cryp of the cryp of the cryp of the cryp of the cryp of the cryp of the cryp of the cryp of the cryp,

Therefore, the defendant's above assertion is without merit.

B. As to the wrongful assertion of sentencing, it seems that the Defendant had been suffering from considerable difficulty in daily life due to the lack of a framework for giving and receiving a considerable amount of money even without any economic situation. Accordingly, it is recognized that the Defendant committed the instant crime in the process of resisting the correction after searching for several times, and there are circumstances that may be considered in the circumstance, and that the Defendant is aged and the Defendant seems to need continuous medical treatment due to mental illness, such as physical personality and form impairment that caused brain damage.

2) However, there are many records that the Defendant was punished as violent crimes, and that the Defendant committed the instant crime during the period of repeated crimes due to the crime of false accusation, etc., did not have been agreed with the victim, and did not take any measures to prosecute the victim, and that is special after the lower judgment was sentenced.

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