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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2015.02.13 2015노54
업무방해
Text

The judgment of the court below is reversed.

As to the crime of No. 1 of the judgment of the defendant, the crime of No. 2 through No. 10 of the judgment shall be punished by imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of the Defendant at the time of each of the instant crimes, the Defendant was in a state of mental disability.

B. The sentence imposed by the court below on the defendant (one month of imprisonment with prison labor for the first crime and one year and five months of imprisonment for the remaining crimes) is too unreasonable.

2. Determination

A. According to the records on the determination of mental and physical disability, the defendant is deemed to have been under the influence of alcohol to a certain extent at the time of each of the crimes in this case, but in light of the background, means and methods of each of the crimes in this case, and the circumstances after each of the crimes in this case, it cannot be deemed that the defendant was under the influence of alcohol to change things or lacks the ability to make a decision. Thus, the defendant's assertion of mental

B. Each of the instant crimes on the assertion of unfair sentencing is that the Defendant, while under the influence of alcohol, interfered with his/her business by force on ten occasions at a restaurant, a camera, a mobile phone agency, a convenience store, a parking lot, etc., of the operation of the victims, and the frequency and circumstances of the crime, etc. of the crime, and the quality of the crime and the circumstances, etc. of the crime, have been punished several times for the same crime before. In particular, the Defendant was sentenced to imprisonment with prison labor for not less than four months and one year of suspension of execution

8. 12. The sentence of sentence is inevitable in light of the fact that the above judgment became final and conclusive, and even during the period of probation, repeatedly commits the crimes of Articles 2 through 10 as stated in the original judgment, and that no agreement has been reached with the victims until the trial is held.

However, the Defendant recognized each of the crimes in this case and against his mistake, the damage level of each of the crimes in this case is relatively minor, the crime of interference with business, etc. for which judgment has become final and conclusive, and the crime of interference with business, etc. as stated in the judgment of the court below should be considered at the same time with the case to be judged, and the suffering from urology is not good and health.

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