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(영문) 울산지방법원 2016.11.04 2016노1355
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of four million won) declared by the lower court is too unhued and unreasonable.

2. The crime of this case on the part of the victim was committed on the ground that the drinking value is wraped at the main point operated by the victim, and thus, he saw the victim as a drinking room while drinking, and intending to enter the above main point on the basis of the calculation room, and thereby obstructing the victim's main business by raising a disturbance, such as raising a trial fee, etc., one hour, which is disadvantageous to the defendant. In light of the circumstances leading up to the crime, how the crime was committed, how the act was committed, and how the victim did not make efforts to recover damage until now, and that the victim did not agree with the victim, etc. are disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant recognizes and reflects his mistake, the fact that the defendant seems to have caused the crime of this case in contingency under the influence of alcohol, and the fact that there is no criminal penalty power and same kind of punishment power exceeding the fine, etc., and other factors of sentencing as shown in the argument of this case, such as the defendant’s age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime, etc., it is not recognized that the sentence of the court below

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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