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(영문) 서울동부지방법원 2019.07.05 2019노231
업무방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The court of the court below's incomplete hearing and omission of judgment did not state specific reasons for the defendant's argument, and the court of the court below's incomplete hearing and omission of judgment.

B. misunderstanding of facts and defense counsel also claim that there was no fact open with the defendant B, and that there was no desire for the victim. The prosecutor accepted this by the prosecutor, and the part which the defendant expressed the victim's desire while changing the charges of obstruction of business due to the defendant's sole crime is deleted from the charges, so long as the part which the victim

(1) In relation to the crime of interference with business, the Defendant did not give customers a desire to commit any other act, and did not commit any other act that may interfere with business.

In addition, there was no intention to obstruct the business.

With regard to the crime of obstruction of the performance of official duties, the Defendant did not intentionally walk the part of the horse G, and it is merely a mere resistance to arrest, and the Defendant faces a vessel by resisting the gun.

C. In light of the legal principles, the Defendant’s evasion or insult of a disturbance, and resistance to arrest is to resisting unfair performance of official duties, and it constitutes legitimate act and self-defense, and thus, is not unlawful.

The sentence of the lower court on unreasonable sentencing (fine 6 million won) is too unreasonable.

2. Determination

A. Ex officio determination was made by the prosecutor, and the prosecutor applied for changes in indictment with the content that the obstruction of business among the facts charged in the instant case changed as stated in the following facts charged. This court permitted this and thereby the judgment of the court below can no longer be maintained as the subject of the trial changed.

Even if there are such reasons for ex officio reversal, the remaining arguments except the defendant's allegation of unfair sentencing are still subject to the judgment of this court.

B. (1) On the part of the court below's decision, the appeal is dismissed.

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