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(영문) 서울중앙지방법원 2017.06.09 2017노1156
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant, who is a misunderstanding of fact, did not properly find out the destination of the Defendant, and returned to the remote distance.

In mind, there was no intention to obstruct the business and not to interfere with the business.

B. The punishment of the lower court is too heavy.

2. Judgment on the grounds for appeal

A. According to the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the lower court may recognize the fact that the Defendant, after having arrived at the destination, was 607 only 607 east, did not comply with the request of the victim to get off and off the taxi as stated in the facts charged in the instant case, and did not comply with the request of the victim to get off and off the taxi, and that the Defendant was seated in the taxi of the victim for about

Where it is determined that the taxi rate is unfairly high, the act of bringing about a legitimate response by reporting it to the competent authority, etc., but without getting off the taxi for about 20 minutes until the victim's report arrives at the police, constitutes an act of interfering with the victim's taxi business until the victim's report arrives at the police, and such act does not constitute a legitimate exercise of rights, and the defendant also knew of such situation.

It shows that the defendant's intention to interfere with the work is also recognized (the defendant also stated the situation at the time of the application in detail). This part of the defendant's argument is without merit.

B. The court below’s sentence is too heavy in light of the contents of the crime, the criminal records of the defendant, and all other conditions of sentencing indicated in the records as to the wrongful assertion of sentencing.

shall not be deemed to exist.

3. The defendant's appeal is dismissed.

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