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(영문) 대구지방법원 2015.09.24 2015노183
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the public prosecution against insult among the facts charged in the instant case.

The prosecutor did not appeal against this, and only the defendant filed an appeal against the guilty portion. Accordingly, since the dismissal of the above public prosecution in the judgment below becomes final and conclusive separately from the attitude of the appeal period, the scope of the judgment of this court is limited to the guilty portion of the judgment below

2. The summary of the grounds for appeal is unreasonable because the penalty (two million won of fine) declared by the court below is too large.

3. The circumstances favorable to the defendant are that the defendant recognized the crime of this case, and reflects his mistake, and that the victim is not wanting to be punished by the victim with the death of the victim.

On the other hand, the crime of this case is unfavorable to the defendant, such as that the defendant gets a trial expense to other customers who had been at the victim's business together with A and interfered with the victim's business over about 30 minutes, and the nature of the crime is not good, and that the defendant has been punished several times including the criminal record related to violence.

Considering the above circumstances and the circumstances that are the sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.

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