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(영문) 대전지방법원 2015.10.29 2015노1352
업무방해
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 6 months and 2 years of suspended execution) is too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is against himself/herself; (b) there is no record of criminal punishment except for those punished three times by a fine; (c) the Defendant agreed with the victims and the victims; (d) the victims do not want to be punished; (c) the Defendant has strong will for rehabilitation, such as receiving medical treatment for alcohol dependence; and (d) the Defendant’s consciousnesss wanting to take a preference against the Defendant.

However, each of the crimes of this case was committed under the influence of the defendant while under the influence of alcohol and obstructing business by force, forming a socially strict penalty atmosphere in relation to the seriousness of damage by committing so-called "coverage" crime, and it is not good that the defendant committed several crimes of interference with business over a long time, and even though the defendant had been punished as a fine for interference with business in 2012, there were unfavorable circumstances, such as the defendant committed the crime of this case over several times, and it is not recognized that the sentence of the court below is too inappropriate in light of all the factors such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime.

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 without merit. It is so decided as per Disposition.

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