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(영문) 대구지방법원 2016.12.02 2015노4381

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is found to have been found in the burial of the victim, but the court below found the defendant guilty of the facts charged in this case, which erred by misunderstanding the facts and adversely affecting the conclusion of the judgment, although the defendant did not interfere with business by abusiveating or threatening the victim as

2. The lower court acknowledged the following circumstances based on the evidence duly adopted and investigated by the lower court, namely, ① the victim’s investigative agency and the court of the lower court’s trial consistent and reliable statements consistent with the facts charged in the instant case; ② the Defendant disputed two customers who had been in the instant burial at the time of November 14, 2014 by raising the victim’s speech and behavior with the victim’s debt relationship with the victim; ③ the Defendant also saw the victim as the victim’s speech at the time of November 15, 2014, and deemed that the Defendant expressed a bath even after the police officer was dispatched. ④ In full view of the following circumstances, the Defendant could not be found to have erred by misapprehending the fact that the Defendant interfered with the business by interfering with or threateninging the victim, etc. twice as stated in the facts charged in the instant case.

Therefore, the defendant's assertion is without merit.

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