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(영문) 창원지방법원 2018.05.10 2018노13

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (as to paragraph 4 of the judgment of the court below), the body of the Defendant was first sealed by the victim G (hereinafter “victim”).

Accordingly, while the defendant's body is in balance with his body, the head of the defendant faces side effects on the part of the victim.

Therefore, the defendant did not have the intention of assault.

Even if the intention of assault is recognized, the above act by the defendant constitutes a legitimate act or a legitimate defense.

B. The Defendant, with mental and physical disorder, committed each of the instant crimes under the influence of alcohol.

(c)

Sentencing Sentencing

2. Determination

A. 1) In full view of the following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the lower court, the fact that the Defendant, at least by the Defendant’s head with the intention of assault, has received the victim’s second part on one occasion due to the victim’s head can be sufficiently recognized.

① At the time of the police investigation, the victim received a statement from the nurse Q that the Defendant was under the influence of alcohol in front of the outside and the clinic, stating that the Defendant was under the influence of alcohol.

In the future, the defendant was able to take care of the nurse F as the nurse F as "I am soon dead and discarded unless I am dead."

Accordingly, the defendant was able to speak, the defendant was able to take a bath, and the head was taken once.

“The statement was made to the effect that it was “.”

(2) The statement of a victim is consistent with objective evidence, such as a photograph of the CCTV images taken at the time of committing the crime, the process, the circumstances before and after, and after, the crime.

Unlike the judgment of the court below on the credibility of the victim's statement was clearly erroneous.

The victim's statement is objectively made under special circumstances or circumstances.