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(영문) 서울남부지방법원 2020.06.18 2019노1985
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court found the Defendant not guilty in the order of the violation of the Punishment of Violences, etc. Act (joint property damage) among the facts charged in the instant case, and acquitted the Defendant on the grounds of obstruction of business for M, and convicted the Defendant of interference with business for F, G, H, and I.

As to this, the Defendant did not appeal, and the Prosecutor appealed on the part on which the Defendant was acquitted and the part on conviction on the ground of unfair sentencing on the ground of the judgment of the court below, and did not appeal on the part on acquittal on the ground of unfair sentencing. Therefore, the aforementioned part on acquittal on the ground of the principle of no appeal based on the principle of no appeal and the part on acquittal on the grounds of the judgment of the court below was also tried to be transferred to the trial court along with the convicted part. However, this part already

Therefore, the scope of this court's trial is limited to the remainder except the acquittal part of the judgment below.

2. Summary of grounds for appeal;

A. In full view of the statements, field images, photographs, etc. of employees and witnesses who worked in the office at the time of misunderstanding the facts, the defendant and C, and persons without a name may be inferred to have the intent to destroy the goods, and at least there is no choice but to have the intention to commit the crime of violating the Punishment of Violences, etc. Act (joint property damage, etc.) on the ground that at least there is no choice but to have been

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment and two years of suspended sentence) is too uneased and unreasonable.

3. Determination

A. In regard to the assertion of mistake of facts, the lower court: (a) the statement of J and F was merely a witness after the removal of the body and the completion of the situation, and thus it is difficult to believe it as it is; (b) on-site photographs, the handout of the entrance of the conference room and the shoulder of the table glass; and (c) on-site images, the shop occupants, including the Defendant, move the office fixtures of the management office inside the conference room.

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