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(영문) 울산지방법원 2019.02.14 2018노1120
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment for six months, one year of suspended execution, and a fine of 60,000) is too unreasonable.

2. Determination of the grounds for appeal of this case is the circumstances favorable to the defendant, such as the confession of each of the crimes in this case, and the agreement with the principal agent who interfered with business.

However, the Defendant’s crime of this case committed each of the following facts: (a) the Defendant interfered with the main business by taking a bath at a drinking house to the customers and employees of other tables; (b) was taken to the police station upon receiving a report, and was taken into custody; (c) the Defendant sing away the disturbance by taking the bath, taking the bath, smoking, etc.; and (d) the quality of the crime is not good. In particular, even though there are many criminal records related to obstruction of the performance of official duties or violence, and there are many other criminal records, the Defendant committed the principal violence, such as the Defendant’s age, character, environment, motive and background leading to the instant crime; and (c) the means and consequence of the instant crime; and (d) taking into account all other circumstances that are the conditions of sentencing, such as the punishment imposed by the lower court, it cannot be deemed unfair because the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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