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(영문) 대전지방법원 2015.06.25 2014노3218
업무방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant: (a) received a phone call from the Defendant that he was in an emergency; (b) opened a vehicle of soflured (hereinafter “the instant vehicle”); (c) set the vehicle in front of the house, and (d) made a public official’s resistance by entering the house.

At this time, the public corporation demanded the Defendant to set the instant car, and the Defendant was in dialogue with public officials, and the Defendant said that the said public official would also move the instant car to another place. As such, the Defendant did not interfere with the public official business by force.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. According to the following circumstances acknowledged by the evidence duly adopted and examined by the court below on the assertion of mistake of facts, i.e., ① the Defendant parked the instant vehicle at the center of alleydy road (Evidence No. 13-18 pages of the evidence record) before the Defendant’s house, the Defendant appears to be sufficiently capable of parking the vehicle on one side of the wall or a runway (G and J stated in the court of original instance that “the Defendant had a parking place outside the parking place)” (Article 51,58 pages of the trial record) at the police, ② the Defendant also stated that “the Defendant was a dump truck before the house, and parked the vehicle before the dump truck” (Evidence No. 23 of the evidence record), and that the Defendant would interfere with the instant vehicle parking in front of the dump truck without the Defendant’s intention to interfere with the instant vehicle parking (Article 24 of the record of this case).

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