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(영문) 제주지방법원 2015.06.11 2015노213
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (6 months of imprisonment and 500,000 won of fine) is too unreasonable.

2. Determination is an element that can be considered in sentencing, such as the fact that the Defendant recognized all of the instant crimes and reflected, the fact that the victims of interference with their duties have agreed smoothly with the victims, and the fact that the Defendant is the most liable for the livelihood of the wife and two children.

However, there have been a considerable number of criminal records, including the imprisonment of 10 times for the defendant, and all of the crimes of this case were committed during the period of repeated crime, and they committed the same crime in two to three months after release. The defendant's attitude of each act of this case was under the influence of alcohol, and the defendant did not comply with the demand for payment of legitimate drinking value, and thus the nature of the crime is not easy. The crime of this case was originally agreed with the victim, even though the acquired amount is only 60,000 won, and the acquired amount is only 60,000 won, and the degree of interference with business was low, and if the defendant's age, character and conduct, circumstances, circumstances, circumstances, means and consequence of the crime, and circumstances after the crime and arguments of this case are examined, it cannot be viewed that the punishment of the court below is unfair.

3. As such, 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.

However, the phrase “the pertinent provision of the law and the choice of punishment regarding the facts of the crime of 1.” of the judgment of the court below as stated in the “Application of the law,” and the phrase “the pertinent Article on the facts of the crime of 1.0” and “the pertinent disturbance of business” under Article 314(1) of the Criminal Act, as stated in Article 314(1) of the Criminal Act, and “the selection of punishment of 1.0”, as stated in the phrase “the pertinent Article on the facts of the crime of 1.0”.

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