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(영문) 춘천지방법원 2015.12.23 2014노1048
업무방해
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

except that for one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1) misunderstanding of facts and misunderstanding of legal principles consented to electrical construction in advance by the victim D, and there was no intention to obstruct the Defendant’s business. 2) The sentence of the lower court’s sentencing (two years of suspended execution in six months of imprisonment, two years of probation, and one hundred and twenty hours of community service) is too unreasonable.

B. Defendant B (unfair punishment)’s sentence (two years of suspended sentence in six months of imprisonment, probation, community service, etc.) of the lower court is too unreasonable.

2. Determination

A. On the other hand, considering the difference between the method of evaluating credibility of the first instance court and the appellate court in accordance with the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, if there are special circumstances to deem that the first instance court clearly erred in the determination of credibility of the statement made by the witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or in exceptional cases where it is deemed significantly unreasonable to maintain the first instance court’s determination on the credibility of the statement made by the witness of the first instance court in full view of the results of the first instance court’s examination and the results of additional evidence examination conducted until the closing of oral proceedings, the appellate court may not reverse the first instance court’s determination on the credibility of the statement made by the witness of the first instance on the grounds that the first instance court’s determination on the credibility of the statement differs from the appellate court’s determination (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).

Therefore, Defendant A’s above assertion is without merit.

B. Defendants’ unreasonable sentencing.

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