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(영문) 서울북부지방법원 2017.09.07 2017노1321
업무방해
Text

The defendant's appeal is dismissed.

Reasons

The Defendant, as to the summary of the grounds for appeal, did not have any misunderstanding of the following facts: (a) paid a normal fee to an employee; (b) lent a private letter or uniform to the employee; and (c) expressed the victim E’s desire to engage in any disturbance or disturbance.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged in this case on different premise is erroneous and adversely affected by the judgment.

The sentencing (4 months of imprisonment) of the lower court is too unreasonable.

According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts as to the grounds for appeal, the defendant was requested to pay the expenses for private letter or clothes rental from the employee F in the course of lending saves or uniforms in the criminal facts stated in the judgment of the court below, but the defendant refused it and sound, upon receiving the request from other employees E, and received the request from other employees E to make a prompt demand for saves, and thereby interfere with E’s friendship or management by avoiding disturbance.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law as alleged by the defendant.

In full view of the following circumstances: (a) the Defendant committed the instant crime even during the period of suspension of execution due to interference with the performance of official duties; (b) there is no special circumstance or circumstance that may be newly considered in the sentencing after the sentence of the lower judgment; and (c) other circumstances that form the conditions for the pleadings and the sentencing specified in the record of the instant case, including the Defendant’s age, sex, criminal conduct, environment, motive and background of the crime, means and method of the crime; and (d) the circumstances after the crime, etc.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.

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