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(영문) 부산지방법원 2013.11.15 2013노2293
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of each of the charges of this case on the ground that the defendant did not interfere with multiple business operations by force against the victims, and that there was no indecent act by force against the victims, and even if the defendant had consented to the victims' body, the court below erred in the misapprehension of legal principles.

B. The penalty of the lower judgment on the grounds of unreasonable sentencing (fine 3,000,000) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, each crime can be fully recognized at the time of original adjudication, and the victims' consent to the indecent act by the defendant is not deemed to have explicitly or implicitly. Thus, the defendant's assertion is without merit.

B. In full view of the fact that the Defendant denies the instant crime, the lower court imposed a fine reduced than the summary order in consideration of the circumstances favorable to the Defendant, the Defendant’s age, occupation, and all other matters regarding the sentencing indicated in the records of this case, the lower judgment’s punishment is deemed appropriate, and the Defendant’s assertion is without merit.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition

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