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(영문) 인천지방법원 2014.11.14 2014노2726
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the misunderstanding of facts, the Defendant, at the time of the instant case, demanded the employees to see the Dob in the “D” restaurant (hereinafter “instant restaurant”) which he worked prior to the misunderstanding of facts, after putting the Dob Kim to the Dob, and then packing the Dob Kim to the employees. The Defendant only attempted to affix a photograph before the kitchen and warehouse door of the instant restaurant, did not enter the Dob and warehouse without permission, and did not go through the disturbance by taking a bath or leaving the Dob in the main room and warehouse.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the defendant is recognized to have consistently entered the restaurant of this case and interfered with the victim's restaurant business by having the victim enter the main room of the restaurant of this case and the warehouse of this case without permission, and consistently talking with the court below that "the defendant would have inflicted damage on the defendant when working in the restaurant of this case" at the time of this case, and doing his behavior, such as entering the inside the kitchen and the warehouse of this case, although the victim prevented himself, and the defendant stated that he could not work properly, and there is no circumstance to suspect that the victim's statement was very specific and reliable.

This part of the defendant's assertion is without merit.

B. As to the assertion of unfair sentencing, consideration is given to the fact that the victim is not subject to the punishment of the defendant, and that the defendant’s family form is difficult.

However, although a summary order of a fine of KRW 3 million was issued, the court below sentenced a fine of KRW 1 million in consideration of the favorable circumstances for the defendant, and there is no change in the special circumstances or circumstances that can be newly considered in the sentencing after the sentence of the court below.

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