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(영문) 인천지방법원 2017.01.26 2016노2562
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was that the defendant made a document available for public inspection of paper and cups containing coffees;

Considering the consistent statement of the injured party C, the fact that the accused and the injured party consistently stated the dispute between the accused and the injured party at the time that they reported to the police, and that the sculse remains in the public documents, the accused, among the disputes between the accused and the injured party, was in dispute, may recognize the fact that the accused, among the disputes between the accused and the injured party, went into a cooperative office for legitimate public inspection (a interference with business). As long as the accused got in a paper and the injured party interfered with the injured party’s business, the accused

The victim's request to leave the defendant who has interfered with his/her duties is justified.

Ultimately, since the defendant did not comply with the legitimate request for eviction by the victim, the crime of refusing to leave is recognized (the fact of refusing to leave). Nevertheless, the court below found the defendant not guilty of all the facts charged against the defendant.

2. Determination

A. The Criminal Procedure Act of Korea adopts the principle of public trial-oriented principle that the formation of conviction and innocence against the substance of a criminal case ought to be based on a trial in the court. The court-oriented principle is that only the evidence directly examined in the presence of a judge can be based on the trial, and the original evidence near the facts subject to proof should be based on the trial, and the use of the substitute for the original evidence should not be permitted in principle. This is intended to enable a judge to form a new and accurate conviction on a case through the method of directly investigating the original evidence in the court, while giving the defendant an opportunity to directly state his/her opinion on the original evidence, thereby enabling the discovery of substantial truth and realizing a fair trial.

Therefore, the court presiding the criminal procedure is the criminal procedure.

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