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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2020.08.20 2019노6799
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. misunderstanding of facts and misapprehension of legal principles

There is no failure to comply with the Gu.

As the statements of the victim and the statements of the husband of the victim, which seem to correspond to each of the facts charged in the instant case, are likely to be biased, credibility is low, and video and audio recording files submitted by the victim are compiled only in favor of the victim, and thus, they are not reliable.

Even if the defendant's act causes some inconvenience to the victim's work, or the defendant was living against the victim's will, it constitutes a justifiable act.

Nevertheless, the lower court convicted all of the charges of this case. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. In the judgment of the court below, the defendant argued that "after prior notice to the husband of the victim was given to the victim, visited the kindergarten operated by the victim to resolve the problem of the victim and real estate smoothly, and that he made a passive and passive objection from the victim, and did not interfere with the victim's duty or refuse to comply with the victim's request for withdrawal," and that the court below rejected the defendant's claim and found the defendant guilty of the obstruction of duty and the refusal to leave.

B. Comprehensively taking account of the following facts and circumstances acknowledged by the court below's duly admitted and examined evidence, the defendant interfered with the operation of the victim's kindergarten as stated in the facts constituting the crime of the court below, and the statement of the victim's eviction without good cause.

All facts of failure to comply with the Gu.

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