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(영문) 부산지방법원 2017.05.26 2016노4780

업무방해

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendants conspired to mistake the facts and interfere with the victim's management affairs by force, the court below found the Defendant guilty of the facts charged in this case. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. Each sentence sentenced by the lower court (Defendant A: a fine of 500,000 won, Defendant B: a fine of 1 million won) is too unreasonable.

2. Determination

A. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by a witness of the first instance court was clearly erroneous in determining the assertion of misunderstanding of facts.

Unless there exist special circumstances to view that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance court is clearly unfair, or in full view of the results of the first instance examination and the results of the further examination of evidence conducted by the time the appellate trial ends, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). The evidence duly adopted and examined by the lower court is consistent with the lower court to the extent that the victim interfered with the victim’s management affairs by force by force, such as by failing to exhaust all employees of the management office, who found the Defendants as the management office to find the witness of the first instance as the management office together with C to the court of the lower court, and by failing to exhaust the entrance door to the victim after leaving the office.

The victim's statement about the background, method, etc. of the crime of this case is considerably specific and natural, and there is no mutual contradiction, and the head of the management office shall be confined by three election management members in the management office.