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(영문) 제주지방법원 2013.10.17 2013노197
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is that the Defendant did not engage in any conduct that spreads to the table table and table with the victim by gathering and throwing scams, while going against the victim only in a verbal dispute with the victim.

The court below erred in misconception of facts.

The punishment of the lower court (a fine of three million won) is too unreasonable.

2. Determination:

A. At the court of the court below, the victim D made a statement to the effect that other customers were in call-si by telephone, and that the Defendant was scam and scambling by scaming scams by scams, scams, and scams, etc. at the time, F, who was a restaurant customer at the time, had been in a dispute with the 20th male and female at the court of the court below. Since the above D and F’s statement coincide with the specific and main parts, it is reasonable for the court below to find the Defendant guilty of the facts charged in this case.

B. In full view of the fact that the Defendant’s judgment on the assertion of unfair sentencing has been sentenced to a fine or imprisonment with prison labor, and other various sentencing conditions in the records, including the Defendant’s age, character and conduct, and family environment, the lower court’s sentence against the Defendant cannot be deemed to be too unreasonable.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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