logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.10.21 2014노2670
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 3 million imposed by the court below to the defendant is too unhued.

2. The following facts are acknowledged: each of the instant crimes committed by the Defendant, under the influence of alcohol, interfere with the victim’s bar business business by 30 minutes, such as taking a bath to the victim and his customers who are the main place of the instant crime; the Defendant’s continued failure, such as taking a bath to police officers in the earth without being arrested after committing an act in the act of committing an act of committing an offense, and the nature of the offense is not weak; and the Defendant committed again the instant crime without being involved in the criminal punishment of the crime of obstruction of performance of official duties and the crime of interference with business in 2013, notwithstanding the past record of criminal punishment of a fine for the crime of obstruction of performance of official duties and of interference with business.

However, in full view of the following circumstances: (a) the Defendant recognized each of the instant crimes, and against the Defendant; (b) the victim C expressed his intention not to punish the Defendant; (c) there was no history of criminal punishment other than fines twice in the course of the investigation; (d) there was no history of criminal punishment other than fines; (b) the Defendant continued to be economically and economically in a state of de facto absence after being laid off on March 2014; and (c) the Defendant suffers both dynamic disorder and high blood pressure, etc.; and (d) other circumstances, such as the Defendant’s age, environment, occupation, occupation, family relationship, and circumstances leading to each of the instant crimes, etc. before and after the instant crimes, the sentence of the lower court cannot be deemed unfair because it is too unreasonable.

Therefore, prosecutor's assertion is without merit.

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

arrow