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(영문) 의정부지방법원 2014.12.12 2014노1397
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant does not interfere with the business of the victim, who is an employee of the convenience store due to such reasons as taking a bath or shouldering the beer’s disease as stated in the facts charged, and merely sells goods at the convenience store.

Therefore, the judgment of the court below which pronounced the defendant guilty is unfair as it misleads the facts.

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

2. Determination

A. In the judgment of the court below as to the assertion of mistake of facts, the defendant argued the same as the grounds for appeal in this part, and the court below convicted the defendant by taking into account the evidence in the judgment, and in light of the facts recognized by the victim D's legal statement in the court below, the court below's judgment convicting the defendant of interfering with the victim's business on two occasions is acceptable.

Therefore, this part of the defendant's argument is without merit.

B. The mere fact that the Defendant’s failure to interfere with the business of the Defendant on the assertion of unfair sentencing is not serious, and the victim of the instant case expressed his intent not to have the Defendant punished is a favorable reason for sentencing.

However, in full view of the following circumstances: (a) the Defendant denies and does not reflect the Defendant’s criminal act up to the time of the trial; and (b) the Defendant’s age, character and conduct, environment, occupation, details and details leading to the instant criminal act; and (c) the circumstances leading to the instant criminal act; and (b) the sentence of the lower court sentencing imposing a fine of KRW 2 million on the Defendant cannot be deemed unfair because it is excessively unreasonable.

Therefore, the defendant's assertion is without merit.

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

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