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(영문) 대전지방법원 2014.04.16 2013노1497
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 700,00) imposed by the court below on the defendant is too unreasonable.

2. However, the circumstances favorable to the Defendant are that the Defendant appears to have caused the instant crime by drinking, and that the Defendant suffers economic difficulties as a recipient of basic livelihood security without good health.

The defendant has the same kind of meeting and records of crimes, the defendant did not agree with the victim, the defendant continued to take a bath even after being dispatched to the police officer after being reported by the police officer, interfered with the victim's business, and the police officer took a abusive and verbal abuse during the investigation process, etc. are disadvantageous to the defendant.

In full view of the above circumstances and the motive leading up to the instant crime, the circumstances after the instant crime was committed, the Defendant’s age, character and conduct, family relation, environment, occupation, etc., and all the circumstances constituting the conditions for sentencing as shown in the records and arguments, the lower court’s sentence is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is not acceptable.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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