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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2016.09.02 2016노727
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The police officer, who was dispatched by mistake of facts, merely expressed a desire to make the defendant speak against the defendant and to be a know-how, and did not commit a crime that the court of original judgment found guilty.

B. The sentence imposed by the lower court of unreasonable sentencing (two million won of a fine) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, it can be recognized that the Defendant, among many customers, expressed a desire to a police officer called out upon receiving a report, and insult the police officer.

Therefore, the defendant's assertion of mistake is not accepted.

B. In light of the fact that the Defendant did not have any time to interfere with the victim C’s business, and that the police officer dispatched upon receipt of a report has expressed a desire to do so to the police officer, and that no damage has been paid to the police officer up to the trial, etc., the lower court’s sentencing appears to be within the reasonable scope of its discretion, and there is no change in the sentencing conditions that may be newly considered in the trial.

Therefore, the defendant's assertion of unfair sentencing is not accepted since the sentence imposed by the court of original judgment is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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