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(영문) 춘천지방법원 2014.01.22 2013노514
업무방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts in the process of resisting a hospital, there was a fact that the Defendant displayed a food and stick toward F, etc., but there was no intention of assault, but there was a little disturbance in the above hospital funeral funeral room. However, this cannot be deemed as a obstruction of business because the Defendant was punished in the course of resisting as a civil petitioner, and this cannot be deemed as a obstruction of business, and even though this cannot be said to have interfered with G’s library business, the judgment of the court below which found the Defendant guilty of each charge of this part of the facts charged, which affected the conclusion of the judgment. (2) The judgment of the court below which found the Defendant guilty of unjust sentencing (70,000 won) is improper because it was too unreasonable.

B. Prosecutor 1) misunderstanding of facts (limited to the acquittal part) at the time of testimony at the court of original instance by the victim C, a malicious civil petitioner of the hospital in which he is currently working at the court of original instance, had no choice but to make a statement about the subjective perception about whether or not the defendant tried to see himself. However, according to the above C’s investigative agency’s statement, another victim’s investigation agency, and F’s statement at the court of original instance, etc., it can be sufficiently recognized that the defendant attempted to c by using the iron stick, which is a dangerous object as stated in this part of the facts charged, even though it can be sufficiently recognized, the court below acquitted the defendant of this part of the facts charged on a different premise, which affected the conclusion of the judgment. 2) The above punishment sentenced by the court of unfair sentencing is too uneasible and unreasonable.

2. Determination

A. We examine the Defendant’s assertion of mistake of facts, and where the Defendant denies the criminal intent, the facts constituting a subjective element of such crime are indirect facts or indirect facts having considerable relevance with the criminal intent given the nature of things.

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