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(영문) 서울남부지방법원 2018.01.11 2017노209
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, while demanding the victim to refund the premium, did not engage in any act identical to that stated in the facts charged, merely that the leg was sitting or was locked.

B. In light of the fact that the economic situation and health status of the illegal defendant in sentencing are not very good, that the defendant is old, that the defendant sought the victim to receive the refund of insurance money, and that the defendant was faced with the large enterprise, and that each of the crimes of this case was committed by the large enterprise, etc., the punishment sentenced by the court below (one million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the fact that the Defendant interfered with the victim D’s customer response service by force at the Hanhwa Non-Life Insurance (ju) and customer counseling office as stated in the facts charged can be sufficiently recognized.

The defendant's assertion of mistake is without merit.

B. There are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below on the unfair argument of sentencing.

In addition, in full view of the circumstances favorable to or unfavorable to the defendant, and all other factors of sentencing as shown in the records and arguments of this case, such as the defendant’s age, sex, career, family relation, environment, motive, means and consequence of the crime, circumstances after the crime, and criminal history, the sentencing of the court below is not determined to have exceeded the reasonable scope of discretion because the sentencing of the court below is too unreasonable, considering the circumstances asserted by the defendant on the grounds of appeal.

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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