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(영문) 전주지방법원 2012.10.24 2012노882
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In regard to the injury among the facts charged in the instant case, the Defendant was aware of the head below the teb for the purpose of causing the teb and lost the center of the teb, and did not see the victim’s head portion as his hand, and there was no fact that the victim E did not have any loss at all.

② As to the damage, the Defendant was in excess of the center on a purely central magazine, and the Defendant did not intentionally destroy it.

③ As to interference with business, the Defendant did not intend to interfere with business because the Defendant did not engage in excessive speech or physical exercise, although there was a fact that the Defendant was spawn about the victim E, etc. and others destroyed or damaged by the floor as above, or assaulted.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (two years of imprisonment and a stay of execution, two years of probation, and eight hours of social service) is too unreasonable.

2. Determination

A. Examining the evidence and records duly adopted by the court below regarding the assertion of misunderstanding of facts, the defendant asserted that ① the defendant was to examine the victim's head in a timely manner with regard to the injury, but the above victim was deemed to be a situation in which the defendant was able to see the body below the table table in the opposite side of the defendant, and thus, the defendant was at the center while facing one another's hand, and the defendant was deprived of the body body.

Even if it is difficult to find out the head of the above victim, not the floor, it is ordinarily difficult to understand the victim's head, and the victim E made a somewhat unclear statement about whether the victim's side is the right back part or the left part, but the police investigation immediately after this case clearly stated that it is the right back part in the police investigation, which is consistent with the statement in the medical certificate submitted by him, and ② the damage is likely to be punished by the defendant.

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