logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.11.25 2020노3248
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the charge of obstruction of business among the facts charged in the case of mistake of facts and misapprehension of legal principles is not guilty, the judgment of the court below which found the guilty guilty erred by mistake of facts and misapprehension

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts and misapprehension of legal principles, the court below is guilty of obstruction of business among the facts charged in this case, and there is no error of mistake of facts or misapprehension

B. In a case where there is no change in the conditions of sentencing compared with the first instance court on the assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court should respect the sentencing of the first instance court.

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In the instant case, there is no particular change in sentencing conditions compared with the lower court. In full view of the following, the lower court’s sentencing environment, relationship with the victim, the details and details of the instant crime, and the circumstances after the instant crime, etc., and the overall sentencing conditions indicated in the instant arguments and records, such as the circumstance after the instant crime, are deemed unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

arrow