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(영문) 대전지방법원 2016.11.23 2016노1385
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution for six months of imprisonment, and forty hours of community service order) is too unreasonable.

2. It can be acknowledged that there are favorable circumstances such as that the defendant's consent to the victim D and F does not want the punishment of the defendant, and that all of the crimes of this case are committed.

However, according to the circumstances such as the fact that the defendant's power used as a obstruction of business is very heavy, that the business damage suffered by the victim seems to be considerable, that there is no way to commit the crime such as the use of beer disease in the crime of assault, that the degree of violence used in the obstruction of performance of duties was considerable, that the crime was committed repeatedly within the short time, and that many victims occurred, it is reasonable to place the defendant on a strict punishment.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the original judgment and the punishment different from the circumstances after the crime, the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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