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(영문) 대전지방법원 2014.01.16 2013노2196

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to Paragraph (1) of the facts charged in this case, the defendant did not interfere with the victim's friendship or business, and even if so, the defendant was assaulted by F, who was an employee of the above friendship or F, without any reason, at that time, and offered off clothes as stated in this part of the facts charged, and thus constitutes self-defense. (2) In relation to Paragraph (2) of the facts charged in this case, the defendant found the above letter of apology and found it in the above letter of apology, but there was no fact that the defendant interfered with the victim's friendship or business, such as described in this part of the facts charged.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. 1 The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① in relation to paragraph (1) of the instant facts charged, F, who works as an employee in the “Eab” victim’s “Eab”, stated in the investigative agency that “at the time of the instant case, the Defendant found the Defendant at the time of the instant case to be SaB or the first floor carper, laid off the saves and saves on the floor, cut off the saves over four hours in total, and interfered with the business.” The Gdo investigative agency, which went to the above Ba at the time of the Mana, completed the “Sab,” and went out of the Republic of Korea, and the Defendant, while under the influence of alcohol, was charged with the Kaba’s name, etc. before the IF’s name in front of the Kabter.

I이 피고인에게 ‘조용히 안할 거면 나가라’고 하자, 피고인이 상의를 벗기 시작하며 시비조로 I에게 덤볐다.

Although the police officer was reported at that time, the defendant still failed to keep the clothes under the influence of alcohol without the location, and the police officer forced to wear clothes.

"A statement was made". The contents of the investigation report prepared by the police officer at the time, and images, etc. of photographs taken by the police officer at the time are also F.