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(영문) 인천지방법원 2017.11.03 2017노2640
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts) is that the Defendant, as indicated in the facts charged in this case, saw the victim’s signboard from the victim who sniffed and sniffed out of the lower floor, was humping and sniffed at the lower floor, and did not lower the victim’s signboard or tear the plastic tent.

Nevertheless, the judgment of the court below which found the defendant guilty of obstruction of business by mistake of facts, which affected the conclusion of the judgment.

2. The judgment of the court below is based on the following circumstances revealed in light of the evidence duly adopted and investigated by the court below. (1) The victim's wife at the scene of the victim consistently stated that "the victim's wife at the time of the victim's statement "the victim's wife saw that the victim's wife saw that the defendant had never entered the victim's shop," and (2) the victim's wife's statement that the victim's wife's wife did not have entered the defendant's shop. However, the facts charged of this case are not issues, but issues, and (3) the defendant also has a friendship once with the victim's losses in the course of the investigation (the 28th page of the evidence record) and the victim's statement consistent with the victim's statement and part of the statement consistent with the victim's damage. Thus, the judgment of the court below finding the defendant guilty is justified.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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