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(영문) 인천지방법원 2017.06.22 2017노1252
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (two months of imprisonment) is too unreasonable.

2. The crime of this case is recognized that the defendant interferes with the operation of the victim's entertainment drinking room by bringing the defendant's desire to customers, raising trial expenses, etc., and the defendant recognized the crime of this case and reflects the defendant, and agreed with the victim smoothly.

However, on May 28, 2015, the Defendant was sentenced to two years of suspension of execution on the following grounds: (a) on June 5, 2015, the Defendant went to the instant crime without being aware of the fact that the said judgment became final and conclusive on June 5, 2015; (b) even though the Defendant had been punished eight times due to violent crimes and two times due to suspended execution, there is risk of repeating the instant crime repeatedly; and (c) on November 29, 2016 after the instant case, the Defendant was prosecuted for committing self-injury and was sentenced to a fine on July 12, 2016 (Seoul District Court Branch Branch of Incheon District Court Decision 2016Da2852), and other circumstances, such as the Defendant’s age, sex, motive, means and consequence of the instant crime, etc., which are the conditions for sentencing, the lower court’s sentence 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.

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