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(영문) 서울북부지방법원 2014.11.28 2014노1160
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts (a.e., interference with business) The Defendant did not interfere with the Victim C’s business by assaulting the boom and spreading the galle on the left board.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. The evidence duly adopted and examined by the court below and the following circumstances that can be recognized by the court below, i.e., the victim C at the time of the telephone investigation by the investigative agency: (a) at the time of the telephone investigation by the victim C, the victim stated that “the defendant had obstructed the victim’s street business as stated in this part of the facts charged because it could be recognized that “the defendant interfered with the victim’s street business, as described in this part of the facts charged,” she was f, G, H, and I stated that “the defendant was f, G, H, and I, who had observed the scene at the time, she was f, G, and I’s investigative agency.”

B. The Defendant’s act of obstruction of the performance of official duties of this case and injury to public goods is in profoundly against the Defendant’s dignity while making a confession, and the fact that the health is not good is favorable to the Defendant.

However, the crime of this case interferes with the victim C's occupation and business without any reason and assaults a police officer dispatched after receiving a 112 report, and then is arrested as an flagrant offender and conducts patrol at the patrol lane, and the act of this case is not easy. The crime of this case is committed with the victim C who interfered with the business of this case or did not recover the damage caused by the crime of this case. The defendant committed the crime of this case at the same time during the repeated crime period even though he had the record of punishment several times, and committed the crime of this case at the same time during the repeated crime period, and other age, character and conduct, environment, motive or circumstance of the crime of this case.

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