logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.12.11 2020노1094
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unreasonable.

2. The instant crime committed by the Defendant was committed by force at a hospital where the Defendant was receiving medical treatment, thereby obstructing the service of the victim, who is a nurse, and insulting the victim publicly, and is not in the nature of the crime.

The defendant did not receive a letter from the victim, and the victim was punished with severe punishment against the defendant up to the trial.

However, the defendant is against himself while committing a crime.

There is no record that the defendant was punished for the same crime or was punished in excess of a fine.

The above circumstances and the age, character and conduct, environment, motive, means and result of the crime, all of the sentencing conditions and the scope of recommended sentencing guidelines set forth in the arguments, including the circumstances after the crime, etc.

1. Scope of punishment by law: One to six years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Determination of Types of Interference with Business) [No one] Interference with Business (Type 1] [No person who is a special person] [the scope of the recommendation field and recommendation range] basic area, imprisonment with prison labor for six months to one year and six months;

(b) Second (Determination of Punishment) Crimes of Defamation. [Attachment 1] There is no general insult [Attachment 1] (the scope of recommending and recommending punishment] (the scope of recommending area and recommending punishment] basic area; imprisonment with labor for two months to eight months;

C. The scope of recommendations according to the standards for handling multiple crimes: In full view of six months to one year (1/2 of the upper limit of the first crime No. 2) of imprisonment, the sentence imposed by the lower court is too 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.

arrow