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(영문) 부산지방법원 2014.10.08 2014노1376
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged in this case because the defendant, as the chairperson of the apartment management committee of this case, had lawfully executed the business in accordance with the Housing-related Acts and subordinate statutes, and did not interfere with the victim's business.

B. The judgment of the court below on unreasonable sentencing (the fine of 400,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant can be found to have obstructed the management office operation of the victim by causing physical threats to the victim at the time and place stated in the facts charged, and taking a bath. Thus, this part of the defendant's assertion is without merit.

B. We examine the judgment on the assertion of unfair sentencing, and the defendant agreed with the victim, but the court below appears to have reduced the amount of fine under the summary order by taking account of these circumstances, and there is no change in circumstances to which the court below should have different punishment in the trial, and considering all the matters concerning the defendant's age, occupation, and the sentencing specified in the records and arguments of this case, the defendant's assertion on this part is without merit, since the punishment of the court below is judged appropriate.

3. Therefore, 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. It is so decided as per Disposition.

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