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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2013.08.09 2013노1283
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment, even though the defendant did not interfere with the victim's main operation by avoiding disturbance with his employee, at the main point of this case.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s sentence against the Defendant (a fine of three million won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case is as follows: (a) around 20:30 on November 11, 2012, the Defendant entered the main point of “E” operated by the victim D in Seocheon-gu, Seocheon-si, B, who ordered alcohol, without any reason; (b) the Defendant continued to use the toilet, she expressed the victim’s bath to the defective victim, who would have another female guest use the toilet in the toilet; and (c) she had the victim feel a disturbance, such as taking the victim’s bath at the bar; (d) having the victim’s drinking, she was frightd; and (e) B, she laid down the spacing box on the floor of the spacing box, which was off the upper part while taking the victim’s breast at the bar, and 2-3 spacing the victim’s chest.

Accordingly, the Defendant conspired with B to interfere with the victim's main role operation.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the macroficial evidence.

C. We examine the judgment of the court below, and the defendant filed an appeal on the ground of mistake of facts by denying the crime of this case when he/she led to the confession of all the crimes of this case in the court of original instance. In light of the importance of the statement in the court of original instance as to the recognition of the facts charged, it is not reliable unless there are any special circumstances to reverse the confession voluntarily made by the defendant in the court of original instance, and the following circumstances recognized by the evidence duly adopted and investigated by the court of original instance and the court of original instance.

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