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(영문) 서울북부지방법원 2019.01.25 2018노2035
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, on October 11, 2017, attempted to tell the victim’s “Dcafeteria” operated by the victim C, but the said victim resisted to a large interest without participating in the refusal of sale, and did not exercise its power by doing any behavior that the said victim expressed or seems to have expressed.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Considering the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, the first instance court’s determination on the credibility of a statement made by a witness of the first instance is clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is not deemed to be significantly unfair in light of the first instance court’s results of evidence examination and the results of additional evidence examination conducted by the time of closing argument in the appellate court, the appellate

(See Supreme Court Decisions 2008Do7917 Decided January 30, 2009 and Supreme Court Decision 2017Do7871 Decided March 29, 2018, etc. (see, e.g., Supreme Court Decisions 2008Do7871, Mar. 29,

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the victim stated in the investigative agency and court of the court below that the victim expressed that the defendant was able to take a bath and sound, such as “unborn baby,” “Isn't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't f

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