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(영문) 인천지방법원 2017.06.29 2016노2343
업무방해
Text

Of the judgment of the court of first instance, the part against Defendant A in the judgment is reversed.

Defendant

A shall be punished by a fine of 300,000 won.

Defendant .

Reasons

The summary of the grounds for appeal is that the judgment of the court of first instance that recognized the defendants' obstruction of business by the defendants constitutes a mistake of fact and a violation of the law and the judgment that affected the conclusion of the judgment.

Defendant

A The judgment of the court of first instance that recognized the defendant A's bodily injury constitutes a mistake of fact and a violation of the law, which affected the judgment.

The judgment of the court below that acquitted Defendant A of the facts charged of insult against the public prosecutor constitutes a violation of the law and thereby affected the conclusion of the judgment.

Judgment

Examining the instant case based on the evidence duly adopted and examined on the assertion of misunderstanding of the facts as to the obstruction of business and the misapprehension of the legal doctrine, it is reasonable and acceptable to find the court below guilty of the charge of obstruction of business as stated in its holding.

The allegation that there was a mistake or misunderstanding of the legal principles that affected the judgment of the court of first instance is not accepted.

Defendant

Examining the reasoning for innocence and the evidence duly adopted and examined by the lower court regarding insult part of the facts charged A, the lower court is acceptable to have determined that the Defendant was not guilty on the basis of such evidence judgment and legal doctrine judgment.

The judgment of the court below is not erroneous in the misapprehension of legal principles as alleged by the public prosecutor.

Defendant

Among the facts charged A, there are witness M, E's legal statement in the original trial, written diagnosis of each injury, and CCTV images as evidence of the prosecutor.

M is recognized as a fact that M suffered bodily injury, such as fingers and fingers, knife, knife, and tension, E.

Examining the CCTV images, it can be seen that, in the form that M re-satisfys off a re-satisfy in the left side of Defendant A, Defendant A takes part in his own arms to get M whenever he wanted to get M, and Defendant A’s speed of getting M’s handure and arms (the quantity of movement) is not large.

In other words, Defendant A.

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