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(영문) 부산지방법원 2019.01.18 2018노4080
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment of one year and two months and fine of 900,000 won, order to complete sexual assault treatment programs for 40 hours, order to disclose or notify for three years, and order to restrict employment for three years) of the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The fact that the Defendant recognized all of each of the instant crimes and reflects the fact that the Defendant agreed with the victim C in the crime of interference with business of this case and the crime of damage to property, etc. is favorable.

However, each of the crimes of this case committed on June 26, 2018 by the defendant, committed an indecent act by the victim K's chest at the early night, and insulting the police officer investigating the act by drinking at the early night, etc., and committed a disturbance by visiting the Public Security Center again after drinking. In addition, on July 4, 2018, each of the crimes of this case was not good to avoid an disturbance by drinking at the Public Security Center after interfering with the age club and main business and destroying property. The victim K and the victim of the crime of this case committed the crime of indecent act of this case committed the crime of this case committed a large sexual health and maternity, and the victim L of the crime of this case appeared to have been suffering from a large amount of sexual health and maternity. Accordingly, the victims sought a severe punishment against the defendant, the defendant was punished for several times due to the crime of causing property damage, interference with business, and indecent act by compulsion, etc., and the defendant committed a repeated crime of this case without being able to know each of the crimes of this case.

The court below determined the punishment in consideration of all the above circumstances, and there is no change in the sentencing conditions that may be particularly considered in the trial.

In addition, the records and arguments of this case, such as the age, character and conduct, the environment, the motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime.

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