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(영문) 인천지방법원 2018.02.21 2018노44
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (five months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant recognized the instant crime and reflected his mistake, and the victims do not want the punishment of the Defendant by mutual consent with the victims.

However, the crime of this case prevents the Defendant from operating the restaurant of the victims by causing the disturbance without any particular reason while under the influence of alcohol, and the case is light in light of the circumstances and methods of the crime.

subsection (b) of this section.

In addition, even though the Defendant was sentenced to several punishments, such as violence, damage to property, and disturbance of duties, even though he was sentenced to punishment on several occasions, the Defendant also committed the instant crime during the period of repeated crime due to interference with duties, etc.

Considering the fact that most recent crimes committed by the Defendant are committed against the residents living in the vicinity of the Defendant’s residence, the instant case is similar, and even if the degree of damage is not high for each individual crime, the crime of interference with business is a crime of a nature that causes a great pain to those who engage in their occupation, it may not be held significantly liable to the Defendant who does not seem to have the intention to improve the character and conduct while repeating the same kind of crime.

Various of these circumstances, the defendant's age, sex, environment, relationship with victims, motive, means and consequence of the crime of this case, various sentencing conditions as shown in the records and arguments of this case, and the application of sentencing guidelines according to the sentencing guidelines of the Supreme Court sentencing committee (one month to one year) are as stated in the judgment of the court below.

In full view of the above, the sentence imposed by the court below cannot be deemed unfair because the sentence imposed by the defendant is too excessive.

Therefore, the defendant's assertion is not accepted.

3. The Defendant’s appeal is without merit, and thus, pursuant to Article 364(4) of the Criminal Procedure Act.

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