logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2016.05.12 2015노732
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an act of interference with business in the game run by the victimized person, as described in the facts charged in the instant case.

2) The business of the game head of this case is not a business subject to protection of interference with business.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. Determination 1 on the misunderstanding of facts or legal principles 1) In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the credibility of the statements made by the victim, etc. is assessed, as well as whether the contents of the statements are consistent with the rationality of the statements themselves or empirical rules, or comply with the evidence or third party's statements. The witness appearance or attitude of the witness who is in the public court after being sworn before and after being sworn by the judge, and the penving the statements made by the witness examination protocol, such as the pening of the statements, shall be assessed on the credibility of the statements made by directly observing the circumstances that are difficult to record (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 200; 2012Do2631, Jun. 28, 2012).

Inasmuch as there is no other evidence that objectively sees credibility, it shall not be rejected without permission, unless there is a separate evidence that sees credibility (see, e.g., Supreme Court Decisions 2004Do362, Apr. 15, 2005; 2007Do10728, Mar. 14, 2008). Meanwhile, our Criminal Procedure Act is a criminal procedure law.

arrow