(영문) 수원지방법원 2020.11.11 2019노6701 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 2020.11.11 2019노6701

업무방해등

Text

The judgment of the court of first instance and the judgment of the court of second instance that interfere with the business of the victim M.

Reasons

The second instance court dismissed the prosecution against each of the charges of assault against the Defendant, and acquitted the Defendant as to each of the charges of obstruction of business against the victim M and N, and convicted the Defendant as to each of the remaining crimes.

On the other hand, the defendant appealed on the guilty part and the guilty part, so the dismissal of the above public prosecution was separated and finalized as the period of appeal has expired, and it was excluded from the scope of the trial of the party.

2. Summary of grounds for appeal;

A. Defendant 1) Fact-finding [Attachment 9, 12] Defendant 1 did not interfere with the work of the victims, such as the fact-finding Nos. 1 through 8, 10, 11, 13, and 14 of the crime sight table (hereinafter referred to as the “crime sight table”) 9, 12]

In addition, punishment of fine was already imposed due to the crime of obstruction of business 7 business.

B) The Defendant’s imprisonment [the first instance judgment: 6 months of imprisonment; 600,000 won; 2. The second instance judgment: imprisonment with prison labor for three months (the first instance judgment; 1-A-B), and 2 years of imprisonment for two years (the second instance judgment; 1-C-2, and 3)] is too unreasonable and unfair.

B. Prosecutor 1) According to the evidence submitted by the Prosecutor submitted by the Prosecutor for erroneous determination of facts (as to the obstruction of business by Nos. 9 and 12), the Defendant is recognized to have obstructed the work of the victim M and N as stated in this part of the facts charged. 2) The punishment of the lower judgment of the second instance on unreasonable sentencing (as to the conviction part of the lower judgment of the second instance), is too uneas

3. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio judgment (as to each of the offenses of the court of first instance and the offenses of the first, second, and third of the judgments of the court of second instance), are sentenced to the judgment of the court of first instance, and the guilty part of the judgment of the court of

유사 판례

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-대구지방법원 2016.11.30 2016노3995

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