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(영문) 인천지방법원 2017.11.24 2017노2908
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not interfere with E business, as described in the facts charged.

Nevertheless, the court below erred by misunderstanding the facts charged and affecting the conclusion of the judgment.

2. The Defendant, at the first trial date of the lower court, led to the confession of the facts charged, and the lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the following: (a) the Defendant’s legal statement and the written statement of E as the operator of the lodging establishment and the witness F as a guest.

Although the defendant reversed his confession statement at the court below for the first time and disputed the facts charged of this case, the court below and the court below duly adopted and examined the following circumstances, i.e., E’s statement on the defendant’s act, content of damage, etc., specific, consistent with F’s statement, and credibility, and the defendant made a statement to the purport to recognize the facts charged of this case at the court of the court below with the assistance of the state counsel. In light of the circumstances where the defendant made a confession statement, the defendant’s confession statement has credibility.

In full view of the judgment below’s determination, the above determination by the court below can be recognized as legitimate.

Therefore, the judgment below did not err in the misapprehension of facts as alleged by the defendant, and the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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