logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.05.07 2014노1678
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles in order to resist to E, who is an employee of the state (ju)D (hereinafter “instant company”), the Defendant: (a) did not find the said company’s office; (b) did not interfere with the business of the instant company employees or inflicted injury on the victim F; (c) did not assault the victim G; and even if part of the crime was committed, this constitutes a justifiable act as a passive resistance; (d) even if it did not constitute a justifiable act, this constitutes an act as a justifiable act; and (e) the content as stated in the facts charged by the Defendant’s “H company” website operated by the Defendant cannot be deemed as a statement of false facts on the Defendant’s website

Nevertheless, the lower court convicted the Defendant by misapprehending the facts or by misapprehending the legal doctrine.

B. Even if the lower court found the Defendant guilty of unreasonable sentencing, the sentence imposed by the Defendant (2 million won) is too unreasonable.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of the statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, or if there are extenuating circumstances to deem that the first instance court clearly erred in the determination of the credibility of the statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, or where it is deemed that maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance is remarkably unfair in full view of the results of the first instance court’s examination and the result of additional evidence examination conducted until the closing of arguments in the appellate court, the appellate court is different from the appellate court’s determination on the credibility of the statement made by the witness of the first instance court.

arrow