(영문) 인천지방법원 2017.09.15 2017노1454 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 인천지방법원 2017.09.15 2017노1454

업무방해

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All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that each of the punishments against the Defendants (each of four months of imprisonment and one year of suspended execution) is too unreasonable.

2. We examine the reasoning of the Defendants’ appeal at once.

The fact that the Taekwondo Association of Incheon Metropolitan City does not have been punished by the damage, that the referring of the Court, which is the student directly damaged by the acts of the defendants, expressed the intent that the defendants do not want to be punished by the acts of the defendants, that the defendant A is not subject to criminal punishment, and that the defendant B has no other penalty force except for the punishment of a fine of KRW 1.5 million, in case of the defendant B, it is favorable to the defendants.

However, the defendants, who were Taekwondo instructors, abused their position to commit the crime of this case that harms the fairness of the competition and gather them English, causing significant illegality, causing harm to the social trust in the overall Taekwondo world due to the defendants' acts, causing harm to the general fairness of the Taekwondo community, resulting in the defendants' acts without any awareness of customs, and the quality of the crime is not good. The defendants' acts are shaking the foundation of sports based on the corrected winners, and they are acts to be seriously stimulated. The defendants' acts are acts to receive correct education, and the defendants' acts are acts to have a strong sense of negative perception about the sports community, so that the students who were school leaders may be subject to correct education may be able to receive correct education, and therefore the defendants need to bear more strict responsibility to the defendants.

Comprehensively taking account of the above circumstances, the change in circumstances occurred in the trial.

Even if the court below's sentence imposed on the Defendants is too unreasonable, it does not seem unfair.

3. Thus, the defendants' appeal is without merit, and Article 364 of the Criminal Procedure Act is not reasonable.

유사 판례

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