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(영문) 서울남부지방법원 2020.06.18 2019노485

업무방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the statements, field images, photographs, etc. of employees and witnesses who worked in the office at the time of misunderstanding the facts, the Defendant and B may conceal the intention of the destruction of the goods and at least dolusent intent of the damage of property is recognized even if the goods are damaged. Therefore, the Defendant constitutes a crime of violation of the Punishment of Violences, etc. Act (joint property damage, etc.) committed against the Defendant.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unhutiled and unreasonable.

2. Determination

A. In regard to the assertion of mistake of facts, the court below determined that the evidence submitted by the prosecutor alone, based on the evidence submitted by the prosecutor, that B opened the knobs of the conference room room room room room room, opened the above knobs with the intention of damage beyond the possibility of damaging the knobs by negligence, or ordered B to move the knobs with the intention of damage beyond the possibility of causing damage by negligence in the course of moving the steel products with the steel products in the management office under the direction of B, and that it is insufficient to recognize the fact that the Defendant and the knobs in the name of the defendant and the knobs

The circumstances indicated by the court below are as follows: ① On-site images are limited to the removal of the office fixtures of the management office inside the meeting room by the shop occupants including the defendant, and on-site photographs are merely the knife of the meeting room room room room, the shouldered of the table glass, and the destruction of the complex flag, and so the evidence alone cannot be confirmed by itself; ② the witness S and T statements of the court below correspond to the defendant’s defense; ③ the police officers were present at the meeting; ③ the police officers were in the presence at the site; and the visitors of local daily newspapers were in the presence of the site, and under such circumstances, the defendant, B, and the shop occupants intentionally damaged the entrance knife and the office fixtures.