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(영문) 춘천지방법원 강릉지원 2019.03.21 2018노503
업무방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment is that the defendant is attempting to commit a crime and is against the wrongness, the victim C of a crime interfering with business is not punished by the defendant in the court below's original agreement with the defendant. The defendant is a disabled person of Grade 6 with the real name disability of the right side due to a firearms accident and maintains his livelihood on a daily basis due to the economic situation that is difficult for the basic living recipient.

Meanwhile, in light of the motive and circumstances of the crime, methods of the crime, the consequences and risks of damage, etc., such as the defendant's use of force against many victims at the place of business in drinking condition by avoiding disturbance or using dangerous objects, etc., the victim seems to have suffered a considerable mental damage in addition to direct physical and property damage due to the defendant's reckless violence, and the victim H and L did not recover sufficient damage. The victim's intent of punishment is maintained, and the defendant has been punished several times, including punishment for violent crimes in drinking state, and the defendant has been punished several times in drinking state, and there is a significant possibility of repeatedly misunderstanding each of the crimes of this case even during the period of repeated crime. The defendant's wrong drinking habits, low social relationship, the result of evaluation of the risk of adult re-offending, etc. are expected to have high risk of recidivism of the same kind of crime of the defendant.

In addition, comprehensively taking account of various sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, character and conduct, motive and background of the crime, and circumstances after the crime, it is deemed that the lower court’s punishment is too heavy or too unreasonable.

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