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(영문) 수원지방법원 2017.09.29 2017노5766
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal 1) The Defendant did not at all interfere with the business affairs as indicated in the lower judgment.

2) At the time of committing the instant crime, the Defendant was physically and mentally weak.

3) In the instant case, the lower court sentenced to imprisonment even though it was not possible to sentence a sentence heavier than a fine due to the summary procedure, and thus, the lower court’s judgment is contrary to the principle of prohibition of disadvantageous alteration.

4) The punishment sentenced by the lower court (four months of imprisonment) is too unreasonable.

2. 1) In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the Defendant may fully recognize the fact that the Defendant committed an act interfering with the business set forth in the lower judgment.

Therefore, the defendant's assertion of facts is without merit.

① The Defendant had a record of criminal punishment, i.e., having been tried to decide on criminal punishment for the same crime, and committed the instant crime under the influence of alcohol.

In that sense, the Defendant did not refrain from committing the instant crime without any specific grounds, and did not completely refrain from committing the instant crime without any memory on the instant crime.

only denied.

② The victim C and F stated in the court of the original instance that the Defendant committed an act interfering with the business set forth in the judgment below.

The statements of victims are consistent and concrete from investigative agencies to the court of the court of the original trial.

2) According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical weakness, the Defendant may have the ability to discern things or make decisions due to mental and physical disorder at the time of the instant crime. However, in light of the background, means and methods of the instant crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, etc., the Defendant has weak ability to discern things or make decisions.

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