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(영문) 인천지방법원 2020.05.21 2019노3464

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, committed a mistake of facts, in which the table table booms within the main room and used it in hand to fall off on the floor. However, such conduct was conducted in the state of victims (victim C, E, and F), and the injury suffered by Victim G is not caused by the Defendant’s act, and there was no error in the victim C’s main office management.

B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment, two years of suspended execution, one million won of fine, and 80 hours of community service order) is too unreasonable.

2. Determination

A. The lower court acknowledged the following facts based on the evidence duly adopted and investigated by the lower court, i.e., ① the victims made a consistent statement from the investigative agency to the court of the lower court on each damaged fact and the main parts of witness, and on the Defendant’s speech and behavior. The victim’s statement was not unreasonable in light of the empirical rule, and is consistent with the objective circumstances confirmed in CCTV images. ② According to the CCTV video where the present situation was taken, the victim C and E were in the room of the Defendant’s main office where the victim C and E got out of the room and got out of the room, and the victim F were able to confirm the situation where the victim F was to avoid this, and the Defendant appears to have been free from drinking sentence and favorable treatment to the above victims, the lower court’s judgment convicting the Defendant of the facts charged is justifiable, and contrary to the allegations of the Defendant, the lower court did not err by misapprehending the legal doctrine.

Therefore, the defendant's assertion of mistake is without merit.

B. The Defendant asserts unfair sentencing.