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(영문) 서울북부지방법원 2017.06.15 2017노225
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant was guilty of the facts charged in this case even though he did not have avoided disturbance by taking a bath to F who is an employee or setting a drinking water cans at the main point of “E” operated by the victim C (hereinafter “the main point of this case”). The lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment with prison labor, one year of suspended execution, 80 hours of community service, and 40 hours of alcohol treatment lectures) is too unreasonable.

2. Judgment on the grounds for appeal

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined at the lower court’s judgment, it can be recognized that the Defendant interfered with the victim’s main store business by avoiding disturbance, such as taking a bath to F, an employee of the main store of this case, and taking a drinking water cans, etc., so the Defendant did not err in the misapprehension of facts as alleged by the Defendant’s assertion. Thus, the Defendant’s assertion of mistake is without merit.

The above F, relatively consistent from the police's investigation to the court of original trial, relatively consistent from the police's investigation to the trial of the court below, "I am more likely to make the Defendant add alcohol even if he had yet to do so, and thereafter, I am another customer by avoiding any disturbance, such as the Defendant's bath and collecting drinking cans.

It is difficult to find out the circumstances in which the F makes a statement to the effect that the F would otherwise intervene in the F’s above statement.

G, which is the other employee of the above main shop, also the court of the court of the court below, "The defendant slicked to the extent that other customers are unable to drink, so the defendant slicked, and sleeped food.

“The sound which has been continuously cans,” “The sound which cans be seen as falling short of cans,” and the sound which falls short of cans.

“In doing so, F’s statement.”

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