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(영문) 서울서부지방법원 2020.06.01 2019노1719

업무방해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The lower court found the Defendant guilty of the charge that the Defendant modified the evaluation table of G and J’s preparation among interference with business around June 21, 2016. However, the lower court found the Defendant guilty of this part of the charges without any reasonable doubt as to the evidence submitted by the prosecutor, including the lack of credibility, even though the P’s statement was not sufficient to acknowledge this part of the charges, the lower court found the Defendant guilty of this part of the charges.

(2) The lower court found the Defendant not guilty of interference with business on or around December 2016. However, according to the evidence, such as R and P’s statement, the fact that the Defendant voluntarily modified D’s evaluation table from D class B from D to B in relation to the “Evaluation at the end of September in the year 2016” around December 2016, according to the evidence such as R and P’s statement.

Therefore, the judgment of the court below which acquitted this part is erroneous in misconception of facts.

B. As to the punishment sentenced by the lower court (two years of suspended sentence, etc. in August), the Defendant asserts that the Defendant is too unlimited and unfair, and the prosecutor asserts that it is too uneasible and unfair.

2. Determination

A. The Defendant alleged the same purport in the lower court’s judgment as to the Defendant’s assertion of mistake of facts, and the lower court determined that the Defendant’s business obstruction around June 21, 2016, under the title “reasons for recognition of a crime,” among the said judgment, was guilty.

Examining the following circumstances found by the evidence duly adopted and examined by the lower court in light of the circumstances revealed by the lower court, it can be sufficiently recognized that the Defendant obstructed the fair test, evaluation and management of the Chigh School Study Committee’s academic performance by modifying the evaluation table of G and J around June 21, 2016.

The judgment of the court below is just, and there is no error of mistake as alleged by the defendant.

(1) The Defendant, P, and P, shall conduct the evaluation table of G and J preparation.