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(영문) 대전지방법원 2015.05.28 2014노3025
업무방해
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the original judgment is too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake was against himself/herself; (b) there was no record of having been punished as a sentence until now; and (c) the Defendant determined the penalty after the instant case and determined that the Defendant did not commit the same crime again.

However, the crime of this case is under the influence of alcohol that the defendant obstructed the victim's main business, and the liability for the crime is not less strict, not agreed with the victim, and it does not appear that the defendant has additionally recovered from damage in addition to paying the drinking value. The defendant has been punished three times (two times of fine and one time of suspended execution) as a crime of violence or obstruction of performance of official duties, and there is no change in sentencing after the decision of the court below, and there is no change in circumstances that change in sentencing after the decision of the court below, and all other conditions of sentencing, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., it is not recognized that the sentence of the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition.

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