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(영문) 수원지방법원 2018.02.09 2017노4768
업무방해등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that this shall not apply.

Reasons

1. The summary of the grounds of appeal 1) According to the evidence submitted by the Prosecutor (1) and the evidence submitted by the Prosecutor, the radiation dose and examination report on the 150A valve type 150A valve (hereinafter “the instant 150A valve”) in the production of the damaged company as indicated in the judgment below, which was prepared by N of M Co., Ltd. (hereinafter “M”), was falsely prepared, and the Defendant India’s written report on the 150A valve was aware of the false content.

may be seen.

(2) The sentence of the lower court (eight months of imprisonment, two years of suspended execution) which is unfair in sentencing is too unhued and unfair.

2) Defendant (1) misunderstanding of facts and misunderstanding of legal principles (as to the guilty portion) ① With respect to the obstruction of business, the Defendant did not recognize that the Defendant’s statement on the 600A valve for the heat pipe production of the victimized company (hereinafter “instant 600A valve”) was not false, but did not recognize that the said statement was false.

② With respect to defamation by publication, the Defendant’s remarks on the instant 150A and 600A valves as indicated in this part of the facts charged are not false, but did not recognize that the said remarks were false, and the Defendant did not recognize that they were false facts. As such, the Defendant’s remarks were made in order to prevent accidents, there was a purpose of defamation against the Defendant.

shall not be effective.

(2) The sentence of the lower court’s improper sentencing is too unreasonable.

2. 1) In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court’s determination on the prosecutor’s assertion of mistake of the facts, the sole evidence presented by the prosecutor alone, as indicated in this part of the facts charged, is false, that the Defendant told Y about the radiation dose and inspection result of N’s 150A valves, or that the Defendant.

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