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(영문) 대구지방법원 2017.09.06 2016노5645
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was a misunderstanding of facts and legal principles that the Defendant expressed the victim’s desire, the Defendant did not intimidation or interfere with his/her duties.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (a punishment of KRW 7 million) is too unreasonable.

2. Determination

A. According to the judgment of misunderstanding of facts and misapprehension of legal principles, according to the evidence duly admitted and examined by the court below, the defendant could sufficiently recognize the fact that the defendant interfered with the victim's multiples or danran tavern business by force over five times in total by avoiding disturbance, such as taking a bath at the multiplescopic operated by the victimized person, as stated in the facts constituting the crime in the judgment below.

Therefore, the defendant's above assertion is without merit.

B. In full view of all the sentencing conditions indicated in the records and arguments of this case, including the Defendant’s age, sexual conduct, environment, circumstances leading to a crime, means and consequence, etc., that the Defendant interfered with multiple types of businesses of the victim by force, the Defendant’s history of criminal punishment up to 11 times, and the Defendant’s age, sex, environment, circumstances leading to a crime, etc., the sentence imposed by the lower court is appropriate, and the sentencing judgment by the lower court exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, since the punishment imposed by the court below is too unreasonable, the defendant's above 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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