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(영문) 인천지방법원 2019.05.24 2019노6
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the judgment of the court below, did not at all interfere with the victim’s business by avoiding disturbance.

B. The lower court’s sentence of unreasonable sentencing (700,000 won of fine) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, and in particular, the fact that the Defendant interfered with the victim’s business as stated in the lower court’s decision, taking into account the CCTV images taken in the form of a sound and a dispute with the surrounding people, and the investigation agency of the victim and the statement in the lower court, the Defendant may fully recognize the fact that the

Therefore, this part of the defendant's argument is without merit.

B. Compared to the first instance court’s judgment on the assertion of unfair sentencing, there is no change in the conditions of sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court. In full view of the factors revealed in the argument in the instant case, the lower court’s sentencing is too excessive and so it does not seem that the lower court exceeded the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is without merit.

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

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