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(영문) 대전지방법원 2015.05.07 2014노2578

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) is that the Defendant changed drinking within KRW 100,00 as usual as of the date of the instant case, and entered the main points of this case operated by the victim D.

The Defendant was waiting for the Defendant to make a cash card to the main employees of the instant case and to request the withdrawal of money from the cash automatic machines. However, the Defendant was waiting for the Defendant’s own F to appear, and the Defendant was the president, and the Defendant changed the excessive drinking value, and the police was dispatched upon the Defendant’s report during the division of conversations. However, the Defendant did not take a bath for the victim D or interfere with the main business until the police is dispatched.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. According to the evidence duly adopted and examined by the court below, i.e., the following circumstances: (a) the victim D testified that the defendant had a drinking value from the investigative agency to the court of the court below; (b) the victim D stated that he was unable to avoid any disturbance, such as: (c) the defendant was fluoring him with a drinking value; (d) the victim D’s contact with the victim D at the time; and (e) the defendant made a statement corresponding thereto at the point of drinking; (b) the witness G, a police officer called upon receiving a report, was another customer at the time of dispatch; (c) the defendant and the victim testified to the effect that he/she was punished for a conflict with each other; (e) the defendant and the victim testified to the effect that he/she was faced (e.g., 55 pages, 56 pages of the trial record); (c) the defendant did not have any physical force until the police was dispatched to the main point; (c) the defendant withdrawn the cash from the Defendant’s automatic card 20.