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(영문) 창원지방법원 2015.07.08 2015노907
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (one year and six months of imprisonment, three years of probation, probation, and community service order 160 hours) is too unreasonable.

2. The Defendant expressed that the victim E, a doctor on duty in front of the hospital’s office, was able to carry with the victim E, a psychotropic drug psychotropic drugs, but the Defendant expressed the victim’s face 5 to 6 times in drinking, and expressed that “the victim F, who was called to the hospital’s emergency room, called “the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife” and interfered with the patient’s treatment by force for about 30 minutes as above.

However, the defendant recognized the crime of this case and reflects it, and it seems difficult to implement the community service order as the health condition is not good.

In addition, considering the following circumstances, such as the Defendant’s age, character, conduct and environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

The facts constituting the crime and the summary of the evidence recognized by the court are identical to the facts constituting the crime and the summary of the evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

Criminal facts.

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