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(영문) 청주지방법원 2018.09.13 2018노736

업무방해등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the Prosecutor 1, the lower court found the Defendant not guilty of this part of the facts charged, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment, even though the lower court found the Defendant not guilty of this part of the facts charged, on March 2, 2018, even though it is sufficiently recognized that the Defendant did not pay the price for food and alcoholic beverages equivalent to 79,000 won even if he/she was provided with food and alcoholic beverages at Ncafeterias without intent and ability to pay the food value

2) The lower court’s sentence (one year of imprisonment) against an unfair defendant in sentencing is too unhued and unreasonable.

B. The above sentence against the defendant is too unreasonable.

2. Determination

A. On March 2, 2018, at around 16:25, the Defendant of this part of the facts charged and A acquired the victim’s property by deceptioning the victim’s property by failing to pay the price despite having received food and alcoholic beverages worth KRW 79,00,00 in total at the market price by ordering 4 minutes of pigs, 6 Byung, and 79,00,00 won in total, even if they were to receive food and alcoholic beverages, even if they were to receive an order for drinking and food at a “N cafeteria” restaurant operated by the Defendant Linju-si on March 2, 2018.

2) The lower court determined that: (a) prior to being placed in the above N cafeteria, A would have the Defendant buy money; and (b) prior to being placed in the cafeteria, the lower court

The Defendant was not guilty of this part of the facts charged on the ground that the Defendant’s statement that only A was a restaurant operator at the time of the instant case asked that the food value was sent to the restaurant on credit, and that the Defendant’s statement made by the Prosecutor’s Office (the purport that the Defendant she left the restaurant without the mind of calculating the food stand to the police) was difficult to believe in light of the Defendant’s mental state, etc.

3) However, in full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court, the Defendant is A.