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(영문) 춘천지방법원 강릉지원 2014.10.07 2014노350
업무방해
Text

The judgment below

Part concerning Defendant B and C shall be reversed.

Defendant

B A fine of 50,00 won, Defendant C shall be punished.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (each suspended sentence against the Defendant) is too unfilled.

2. Determination

A. The instant crime on the assertion of unfair sentencing against Defendant A, D, E, and F is not considered to be an offense in light of the following: (a) the residents opposing the said construction work at the construction site of a tobacco plant by force, namely, obstructing the said construction work or causing bodily injury to drivers by jointly using violence; and (b) the relevant criminal liability is not easy in light of the fact that the residents neglected the legal order by using violent means to achieve the purpose of the construction work.

On the other hand, Defendant A and E do not have any other criminal records except for those subject to a fine for a different type of crime; Defendant D and F are the primary offenders; Defendant D and F are the primary offenders; the above Defendants committed the instant crime in front of the resolution of the local residents’ complaints; Defendant A was not in a good health condition; and Defendant A was not in a serious injury suffered by the victim.

In full view of the various sentencing conditions indicated in the instant case, including the aforementioned various circumstances, including the age, character and conduct of the said Defendants, the motive and consequence of the instant crime, the means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too unreasonable.

B. Defendant B is a Si Council member to determine the allegation of unfair sentencing on Defendant B and C, and Defendant C is the head of a village women’s association to resolve the civil petition.

The crime of this case was committed, and Defendant C is the primary offender, etc. are favorable to the above Defendants.

Meanwhile, in order to establish the rule of law, it is necessary to punish the act of using violent means to carry out the intention, and Defendant B has the record of being fined several times as a crime of double-class, Defendant B has a duty to comply with the law as a public official, and Defendant C has interfered with the construction of a coal plant by force in collusion with those who have failed to perform the law, and Defendant C has exercised direct violence against the driver.

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