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(영문) 광주지방법원 2016.01.12 2015노2793

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not interfere with his business by means of abusiveing the victim, etc. at a bank, and did not assault a police officer.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of fact, the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, ① the victim C was investigated by the police and was 20 minutes of the Defendant’s desire to make a misunderstanding of fact.

Specifically stated, ② under the investigation conducted by Kdo Police, the J branch of the Korean National Bank Gwangju branch where the victim was working, the defendant observed about about 20 minutes for the victim.

In full view of the fact that the defendant stated in the above bank in the court of first instance and the fact that the defendant recognized the facts between the above bank, the defendant can recognize the fact that the defendant took a bath to the victim and obstructed the affairs of the bank.

2) In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, i.e., (i) police officers G who were performing official duties at the time of the instant crime, who were investigated by the police and stated specifically the background of the assaulted by the Defendant; (ii) He was investigated by the police by another police officer, who was a police officer, who was dispatched to the instant site; (iii) the Defendant’s specific statement on the face of the assault by the Defendant; and (iv) the police officers received the report that the Defendant was used and sent to the scene 112; and (v) the police officers took the form of the Defendant’s taking the front part in the beauty room, it can be acknowledged that the Defendant interfered with the performance of official duties by means of assaulting him at the right chest of the police officer once.

B. As to the wrongful assertion of sentencing, the Defendant expressed 20-minutes to the Bank Board solely on the ground that the banking service was closed.