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(영문) 수원지방법원 2015.02.05 2014노6920
업무방해
Text

The judgment below

Part concerning Defendant A and C shall be reversed.

Defendant

A and C shall be punished by imprisonment for one year.

(b).

Reasons

[Judgment on the Reasons for Appeal] The sentencing of the court below (the sentencing of Defendant A: one year of imprisonment, two years of suspended sentence, two years of community service order, 120 hours of community service order, Defendant C: one year and six months of imprisonment) is too unreasonable.

On the part of Defendant A and C’s assertion of unfair sentencing, the crime of this case was committed by the above Defendants F and G with intent to force the victim F and G to comply with their demands, and it was committed by the victims for three days before the hotel operated by the victims, such as mobilization of 20 to 30 disabled persons belonging to the Bupyeong branch of the Korean Association of Persons with Disabilities with Disabilities by mobilization of 20 to 20 to 30 disabled persons belonging to the Bupyeong branch of the Korean Association of Persons with Disabilities, thereby obstructing the victims’ hotel business by force. In light of the contents, motive, means, and method of the crime, etc., the crime is not likely to be committed.

Defendant

C The crime of this case is committed without being aware of the fact that the above Defendants committed the crime of this case even though they had been sentenced to both a sentence of imprisonment and a suspended sentence on one occasion due to the same crime.

However, considering the fact that the victims were not injured due to the crime of this case, that Defendant A deposited the victims as the deposited victims in the trial, that Defendant A did not have any criminal record exceeding the same criminal record and fine, that Defendant A did not have any criminal record but has the time of self-esteem while living in custody near the two months in this case, that the defendants recognized the mistakes and reflect the defendants, and all other circumstances that are the conditions for sentencing in this case, the sentencing of the court below is too unreasonable.

Defendant

There are favorable circumstances for the defendant, such as the fact that the victims have not suffered damage due to the crime of this case, the defendant has no criminal record of the same kind, and the fact that the defendant acknowledges and reflects the mistake.

However, the crime of this case committed by the defendant in collusion with the defendant A or C is committed.

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