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(영문) 의정부지방법원 2014.11.27 2014노1845
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In determining facts, the Defendant did not interfere with the business of the victim by using the writing, document, office telephone, cellular phone, etc. on his/her books in his/her hand, and did not damage the victim’s mobile phone.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Determination:

A. The victim made a statement from the investigative agency to the court of the court below to the purport that the victim had been on the floor by using the items on the office's book, and the cell phone also left the floor and left the cell phone size. The F also stated in the court of the court below that at the time of the court below, the defendant was able to see the above-mentioned items by hand, such as the gate, etc., and was put on the floor, and the victim's statement was relatively consistent and concrete, and the F's statement is also consistent with F's statement and its credibility.

In full view of the above statements of the victim, F’s statements, estimates, field photographs, etc., the defendant can recognize the fact that the defendant interfered with the business of the victim and damaged the mobile phone of the victim as stated in the facts charged.

B. Although the Defendant’s judgment on the assertion of unfair sentencing is an initial offender, in light of the following: (a) the Defendant did not reflect the instant crime; (b) the background leading up to the instant case; and other various sentencing conditions in the instant records, such as the Defendant’s age, character and conduct, environment, and circumstances after the instant crime, the sentence of the lower court against the Defendant cannot be deemed to be too unreasonable.

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

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