beta
(영문) 부산지방법원 2018.02.09 2017노4209

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Although the defendant did not assault the victim or interfere with the bus operation of the victim, the court below found him guilty of all of the charges of this case. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

2. The judgment of the court below, based on the evidence duly adopted and examined, revealed the following circumstances: ① The victim arrived at the bus stop at the investigative agency, let the passengers get out of the bus stop, and, in order to close the entrance, brought about a dispute between the defendant and the defendant, and during that process, the defendant flicked the victim's right side by drinking and blicked the victim's blurbow, blurine through the respiratory body, blurged with the victim's eye, and obstructed the passenger's boarding by blocking the bus entrance and blocking the passenger's boarding.

The statement was made (Evidence Nos. 7, 8, 80 to 83), the victim's statement about the situation at the time and the defendant's behavior, etc. is very specific and natural so that its credibility can be recognized, and ② the shot C also resisting why the defendant did not get off to the victim and resisting why the entrance of the defendant was closed at the investigative agency and the victim did not get off to the bus.

Considering the fact that the CCTV images installed in the instant bus conform to the victim’s statement, etc., the Defendant may recognize the fact that he/she obstructed the bus operation of the victim by assaulting the victim and by force as stated in the judgment of the court below.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.