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(영문) 서울동부지방법원 2016.10.14 2016노716
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The summary of the grounds of appeal by the Defendant is as follows: ① In relation to the injury to the victim P, the evidence is insufficient or it cannot be deemed as a very minor address, and the lower court erred by misapprehending the legal doctrine, thereby convicting the Defendant of this part of the facts charged, and ② is not so erroneous.

However, the sentence of the court below, which sentenced the defendant one year of imprisonment, is too unreasonable.

2. Determination

A. As to the mistake of facts, if there is no need to treat the injured party's injured wife significantly minor, and there is no difficulty in daily life even if the injured party did not receive treatment, and if the injured party can naturally be cured due to the passage of the time, it cannot be said that it constitutes an injury to the crime of injury.

However, in addition to the evidence duly adopted and examined by the court below, the fact-finding results on Twons in the trial, such as fieldCCTV video video, is recognized as follows: (a) the defendant was faced with the victim by keeping the victim in a restaurant wall with each other; (b) attached two descendants to the ground floor; and (c) continuously led the victim to the ground floor; and (d) the victim was under physical treatment on the left shoulder part at the hospital following the following day; and (c) the victim was under an electric psychotropic therapy. Therefore, it is reasonable to deem that the victim suffered injury, such as the dump, tension, etc., as the court below decided by the court below.

B. As to the issue of unfair sentencing, the Defendant already had the record of having been punished for the same kind of crime, etc. over several occasions, and the Defendant is not aware of having been sentenced to imprisonment due to the crime of injury, etc., and constitutes a repeated crime by putting the instant crime under consideration and committing the same offense.

However, the degree of damage of the victims is relatively minor, and the victim I and C did not want the punishment of the defendant in the original trial.

. at the trial.

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