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(영문) 울산지방법원 2017.11.16 2017노1283
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Circumstances favorable to the reasoning of appeal: The defendant shows his attitude to recognize and reflect each of the crimes in this case.

The defendant does not want to punish the defendant under the agreement with the victim C.

D. Unfavorable circumstances: Each of the crimes of this case committed by the Defendant is not likely to interfere with his duties due to the influence of alcohol by the Defendant’s failure in main points, etc.

The Defendant committed each of the crimes of this case without being aware of it even during the same repeated crime period.

There are many kinds of records that defendants were punished as violent crimes.

All the circumstances of sentencing and the scope of recommended punishment according to the sentencing guidelines, including the above favorable circumstances, unfavorable circumstances, the defendant's age and character environment, relationship to victims, motive means of crime, results of crime, circumstances after crime, etc., as well as the overall conditions of sentencing and the scope of recommended punishment according to the sentencing guidelines (one year to five months).

(a) Basic crime: interference with one type of business (Interference with business) on August 14, 2017 (Special Sentencing) (person in charge of sentencing), and the aggravation area of the repeated crime [the scope of recommended punishment] aggravated (one year to three years)

(b) Concurrent Crimes No. 1: Interference with the self-determination on August 15, 2017 (i.e., determination of the type) of business interference (ii) (i.e., interference with business), which is a single type of repeated crime [person subject to special sentencing] [the scope of recommendations] aggravation area (i.e., one year to three years).

(c) Concurrent Crimes No. 2: Interference with the self-determination on May 16, 2017 (the type of decision) of interference with the business affairs; Category 1 (Interference with the Business Affairs) (Special Sentencing) (Person in Need of Punishment); / Reduction of the same repeated crime (the scope of the recommended punishment) [the scope of the mitigated punishment] mitigation area (one month to eight months).

D. In full view of the total sum of imprisonment with prison labor of one year or five years or more due to the aggravation of multiple offenses, the sentence imposed by the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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