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(영문) 춘천지방법원 강릉지원 2020.05.07 2020노36

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant did not interfere with the business of the victim H and assault (2019Kadan980) with the business of the hotel management or assault the victim as stated in this part of the facts charged. 2) The Defendant did not assault the victim as described in this part of the facts charged.

3) Fraud against the victim R (2019Da1348) (hereinafter “the Defendant”) was unable to pay to the victim with the wind that is arrested and detained, without the intent to obtain the credit payment or the cost of issuing documents against the victim and is arrested. B. The lower court’s imprisonment with labor (2 years and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) Determination of misunderstanding of facts and misapprehension of legal principles on the assertion of misunderstanding of facts

The reasoning of the judgment below is as follows. 112 reports are received from the evidence legitimately adopted and examined by the court below, i.e., around 20:44 August 14, 2019 to the effect that the defendant would drink alcohol on the first floor of the Gangseo-si I hotel, and that the defendant again received 112 reports with the content that the defendant is a hotel parking staff and the Si guard even around 22:25 on the same day, and around 16:08 on August 15, 2019, 112 reports are received from the defendant that the defendant interferes with the business of the above hotel where the victim H serves as a manager, and around 18:01 on the same day, the defendant again received a report with the content that the defendant would interfere with the business and exercise violence, as alleged by the court below, and the judgment of the court below is just and acceptable.