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(영문) 서울서부지방법원 2014.06.17 2013노1030
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy in the judgment of the court below (two million won of fine).

2. The circumstances are favorable to the defendant, such as the fact that the defendant made a confession of the crime and seriously reflects the fact that the economic situation is not good, that contingent crimes were committed under the influence of alcohol, and that equity should be taken into account with the case where the defendant is punished concurrently with the crime of violating the Punishment of Violences, etc. Act (a collective weapon, etc.) which became final

However, the crime of this case was committed by the hospital where the patient is in need of stability, and the nature of the crime is not less severe, the fact that no agreement has been reached with the hospital, the fact that the defendant committed the crime of this case, including the power of punishment, even though there have been several same kinds of records, and the defendant committed the crime of this case again. In a comprehensive review of the motive for the crime of this case, the circumstances before and after the crime of this case, the defendant's age, character, conduct, career

3. Therefore, 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.

However, pursuant to Article 25 subparagraph 1 of the Regulation on Criminal Procedure, the two-half of the judgment of the court below shall be corrected to “E”, and the nine-hour “9 hours” of the same three means to “eight hours”, respectively.

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