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(영문) 대구지방법원 2018.03.29 2018노143

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, as stated in the facts charged in this case, did not interfere with the duties of the victim's restaurant business, etc., the lower court found the Defendant guilty of the facts charged in this case. The lower court erred by misapprehending the facts and adversely affecting the conclusion

B. The Defendant had mental and physical weakness at the time of committing each of the instant crimes.

(c)

The punishment sentenced by the court below to the defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant could fully recognize the fact that the Defendant interfered with business as stated in the instant facts charged.

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

(1) On the second trial date of the lower judgment, the Defendant led to the confession of all of the facts charged.

On the other hand, in the statement of the reasons for appeal, the defendant has been led to the confession of all the court below, but it is possible to dispute the purpose of sentencing.

The court below asserts to the effect that this part of the facts charged is nothing more than that recognized, regardless of the truth, by the solicitation of the counsel of the court below.

However, according to the records, the Defendant committed most of the instant crimes from the time when he was investigated by the police, and the Defendant was under the influence of alcohol, and the Defendant stated that he did not memory as to each of the instant crimes, but was aware of the victims’ statement. At the time of being investigated by the prosecution, the Defendant denied the victim G’s business obstruction and interference with the business of the victim K, and reversed it and led to

(2) The victims’ statements are consistent and concrete so that they can be sufficiently trusted, and each of the 112 reported case handling slips, and each of the report on investigation conforms to the victims’ statements.

B. The judgment of the court below on the assertion of mental and physical weakness