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(영문) 서울서부지방법원 2014.11.27 2014노566

업무방해등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant: (a) was aware of the loss of a humd in the victimized hotel and demanded employees to find out the humd; (b) the employees refused to report the loss to the police; and (c) there was no intention to make a false report; and (d) there was no intention to interfere with the hotel business by driving a large sound.

B. At the time of the instant case, the Defendant was in a state of mental disability as a both-polarly disability.

C. As to the sentence of an unreasonable sentencing (a fine of three million won) by the lower court, the Defendant asserts that it is too unreasonable for the Defendant, and the prosecutor asserts that it is too unreasonable.

2. Determination of mistake of facts and mental disability

A. The summary of the facts charged 1) On November 16, 2013, the Defendant reported the fact that the Defendant did not “as he lost the No. 2” to the Korea-Namdong, Yongsan-gu, Seoul on November 16, 2013 at around 16:0, the Defendant reported the fact that he did not “as he lost the No. 2 at the C hotel on November 16, 2013.” On November 17, 2013, the Defendant reported the fact that he lost the No. 2 at the C hotel on November 16, 2013 at around 02:10, 2013, and reported that he lost the No. 2 at the C hotel at around 02:10, the Defendant had lost the No. 2 at the hotel at the above hotel at around 02:10 on November 17, 2013.

B. As to the violation of the Punishment of Minor Offenses Act No. 1, the following circumstances can be acknowledged in light of the record.

① On November 15, 2011, the Defendant received medical treatment at an I Hospital located in Yangcheon-gu Seoul Metropolitan Government H, and lost the instant Am2.

② On November 16, 2011, the day immediately preceding the instant case, the Defendant, at around two: (a) the same time as the instant hotel “D” was drunkly driven away from the liquor house “D.”

(3) The accused shall be present at a hotel above the same day.

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