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(영문) 울산지방법원 2019.02.15 2018노1208
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment, a fine of 600,000 won) is too unreasonable.

2. The fact that the defendant shows an attitude against his mistake, that most of the victims of injury and obstruction of duty reached an agreement with the investigation agency to the prosecution agency to the trial court, that the defendant who suffers from alcohol dependence, lost self-control power under the influence of alcohol and repeats the crime of this case, etc. are deemed to have been committed, etc., which can be considered by the defendant, or the defendant interfered with his duties several times at the same week during a period of approximately two months, and the defendant has inflicted an injury upon his employees by assaulting the police station, and the crime is very poor; the degree of interference with duties and the degree of injury suffered by the victims is not easy; the defendant was sentenced to a suspended sentence for six months on March 15, 2018 to the suspension of execution; the defendant was punished for the same kind of crime; the defendant's age, character, circumstances, motive and circumstances before and after the crime of this case; and the sentencing guidelines and the result of the crime of this case are not recognized in light of various circumstances that the court below sentenced the sentencing guidelines of this case;

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

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