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(영문) 대구지방법원 2016.12.09 2016노509

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles) No interference with duties and the Defendant did not interfere with the business or assault the victim by avoiding disturbance in E. Nevertheless, the lower court erred by misunderstanding that the lower court convicted the Defendant of this part of the facts charged, thereby adversely affecting the conclusion of the judgment. 2) The Defendant in violation of the Punishment of Minor Offenses Act did not have any disturbance at the North Korean Police Station, nor exceeded the clothes of the police officer for excessive response, and thus the Defendant’s act constitutes a legitimate act.

Nevertheless, the lower court erred and adversely affected the conclusion of the judgment by misunderstanding the facts charged or by misapprehending the legal doctrine on justifiable acts.

B. The Defendant was in the habitual condition at the time of committing the crime of interference with business and assault.

C. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 3.5 million won) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the lower court and the first instance court on the part of obstruction of business and obstruction of legal principles, the Defendant may sufficiently recognize the fact that the Defendant, while under the influence of alcohol, was in a disturbance by gathering the passbook on the floor, putting the passbook on the floor, booming the victim who restrains the disturbance, booming the victim, and booming the disturbance, and booming the victim’s head. Therefore, this part of the Defendant’s assertion is without merit. 2) In full view of the part on the violation of the Punishment of Minor Offenses Act and the evidence duly adopted and examined at the lower court and the first instance court on the part of the Punishment of Minor Offenses Act, the Defendant, as described in this part of the facts charged, was in the police station at the northbu Police Station, and thus, was in the state of disturbance by getting off the clothes, and returned back to the body, etc. on the ground that the police officer would avoid disturbance.

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