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(영문) 의정부지방법원 2016.03.30 2016노439
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The fact that the defendant divided his/her mistake, the value of damaged public goods is relatively minor, and the defendant agreed with the victim of the crime, although under the influence of alcohol, interfere with his/her duties in a restaurant, and thus, the nature of each of the crimes of this case, such as destroying the toilet door, which is a building for public use, installed therein, is not easy, and the defendant has been punished several times due to various acts of violence or obstruction in the performance of official duties (or four times of punishment), and on September 16, 2013, he/she was sentenced to imprisonment for not less than six months and the value of damaged public goods is relatively insignificant. However, the defendant committed each of the crimes of this case as a repeated crime after the completion of the execution of his/her punishment, and the defendant was arrested as an offender at the detention room of the Speaker of the Government Police Agency, and thus, damaged the quality of the crime of this case by causing damage to the defendant's environment [the scope and scope of his/her punishment for the crime of this case, which is a minor reduction or exemption of punishment range of punishment, etc.]

3. According to the 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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