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(영문) 광주지방법원 2014.12.11 2014노1318

업무방해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant 1 (one million won of fine) of the lower judgment is too unreasonable.

B. The Prosecutor’s second instance judgment cannot be readily concluded that the injury suffered by the victim was caused by the Defendant’s act. However, according to the evidence duly adopted and examined by the lower court, it is sufficient to recognize the fact that the victim suffered the injury by the Defendant’

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the prosecutor's second instance judgment's allegation of mistake, it is acknowledged that the victim testified to the effect that he suffered injury due to the defendant's act at the time when the first complaint was filed by the court below, and the certificate of injury was submitted. After agreement with the defendant, the court below testified that there was a fact that the victim was supposed due to the fact that it was suppressiond on the floor after the agreement with the defendant, and the statement was changed to the extent that it is unclear whether the defendant was injured by the defendant's act. In light of these circumstances, the victim reversed the statement differently from the fact

However, the court below made a statement in the court below that "the victim made a blusial blusial blusial blusial blusial blusing with the defendant while making a blusial blusial blusial blusial blusing with the defendant, without a correct memory as to how blusial blusial blusing blusing blus," and the defendant cannot be ruled out the possibility that blusial blusing blus in the process of the victim's own blusal blusing blus in the process of the victim

Therefore, prosecutors.