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(영문) 부산지방법원 2016.03.25 2015노4054
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant and his/her defense counsel stated only the mistake of facts and the illegality of sentencing on the date of the trial at the second instance on the grounds of appeal. However, the following are also examined to the extent that the grounds for appeal stated in the self-appeal petition submitted by the Defendant on November 6, 2015, “written reasons for further appeal” as of January 27, 2016, and “written reasons for additional appeal 2” as of January 27, 2016.

In this case, the judgment of the court below is erroneous in violation of the principle of prohibition of disadvantageous alteration as stipulated in Article 457-2 of the Criminal Procedure Act, and the signature and seal of the presiding judge is omitted on the copy of the judgment document, and the copy of the indictment on part of the combined case is not served, and thus, the judgment of the court below is erroneous in the misunderstanding of legal principles, which affected the conclusion of the judgment.

B. As to the obstruction of business, the Defendant merely urged the hospital to provide medical treatment, and did not interfere with business.

2) In relation to insult, the Defendant requested the date of receipt of a police case sent by him/her, but the victim merely rejected and took a bath without any justifiable reason. Thus, the judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous in the misapprehension of the facts.

(c)

The sentence of the lower court against the illegal defendant in sentencing (the amount of three million won) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, when the Defendant issued a summary order of KRW 1 million with respect to the offense of insult No. 14680 of the High Court Order No. 2015 on September 9, 2015, and the summary order of KRW 2 million with respect to the offense of insult No. 14680 of the High Court Order No. 2015 on September 15, 2015, the Defendant filed a request for formal trial against each of the summary orders, and each of which was followed by 3602 of the High Court Order No. 2015 and 3603 of the High Court Order No. 2015, Sept. 21, 2015; the Defendant received the notification of the date of trial of each of the instant cases on September 21, 2015; the Defendant received the notification of the trial date on September 21, 2015 on September 1, 2015.

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