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(영문) 서울남부지방법원 2016.05.27 2015노1176
업무방해등
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although it is obvious that the prosecutor's defendant inflicted injury on the victim, the court below erred by misapprehending the facts.

B. Defendant’s act does not constitute an interference with the victim’s business by force, but does not so.

Even though it constitutes a legitimate act, political party defense, or self-help act, the judgment of the court below which found the defendant guilty of obstruction of business among the facts charged of this case is erroneous in the misunderstanding of facts and misapprehension of legal principles.

2. The lower court determined that the Defendant’s act constitutes the exercise of power with respect to the obstruction of business among the facts charged in the instant case and constitutes an intentional act with respect to the Defendant.

Based on the judgment of conviction, the sentence of punishment (500,000 won) has been suspended, and the fact of injury has been judged that there is no evidence to acknowledge it, and not guilty has been pronounced.

3. Determination on whether a deliberation was made

A. Of the facts charged by the lower court regarding the part not guilty of the facts charged of the instant case, the injury of the victim’s left hand (i.e., “the left hand,” as indicated in the medical certificate of diagnosis of the injury) was inflicted by the lower court on the following circumstances.

In addition, in light of the fact that the victim's left hand appears to have considerable force on the victim's left hand during the process of leading the defendant's arms that the victim resisted against the defendant's arm's order not to go in the dance driving school of this case and entering the corridor to the non-permanent door, and the possibility that the victim suffered the above injury cannot be ruled out in the process, the court below's finding the defendant not guilty of the injury among the facts charged of this case is acceptable, and there is an error of law of misunderstanding the facts as argued by the prosecutor as alleged by the prosecutor.

subsection (b) of this section.

B. Of the lower judgment, the lower court duly examined and adopted the judgment of conviction.

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