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(영문) 서울남부지방법원 2014.02.13 2013노1165
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to each evidence submitted by the prosecutor's office of the gist of the grounds for appeal (fact-finding and misapprehension of legal principles), it is obvious that the facts stated in the official letter of "related to the construction work of the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-gun, the head of Sincheon-gun, the head

Nevertheless, the court below found the defendant not guilty of the facts charged in this case. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

(2) In order to deny the perception of the falsity of the facts alleged in the Defendant’s grounds for appeal, the prosecutor asserts a misapprehension of legal principles as to the mistake of law, on the premise that there is a good reason to believe that the facts are true in order to deny the perception of the falsity of the facts alleged in the Defendant. However, the conclusion of the assertion also has awareness of the falsity of the facts alleged in the Defendant, so the conclusion of the assertion is consistent with the assertion of mistake of facts and the reasoning of the lower judgment.

Therefore, the prosecutor's argument of mistake is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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