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(영문) 부산지방법원 2016.05.27 2015노4161
업무방해등
Text

Of the judgment of the court below of first instance, each part of the crimes listed in No. 1. 6 through 23 of the List of Crimes listed in the attached Table 1 of the judgment, and No. 2.

Reasons

1. Of the facts charged in the instant case, the first instance judgment acquitted each of the following facts: (a) interference with the duties set forth in No. 1.5 of the List of Offenses No. 2015, which was set forth in the [Attachment 1.5] among the facts charged in the instant case; (b) interference with each of the duties set forth in No. 2. 2, 7, and 17 of the List of Offenses No. 2015, which was set forth in the [Attachment 2339] among the facts charged in the instant case; and (c) acquitted the remainder

However, the defendant filed an appeal only against the conviction except the above acquittal portion among the judgment of the court of first instance, and since the prosecutor did not file an appeal, the above acquittal portion was separated and finalized as it is.

Therefore, the scope of this court's adjudication is limited to the conviction part of the judgment of the first instance and the judgment of the second instance.

2. Summary of grounds for appeal;

A. The Defendant alleged misunderstanding of facts (as to the crime No. 4 in the judgment of the court of first instance), only brings 2,00 won in cash of the victim under the victim K’s implied consent, and does not steals it.

Nevertheless, the court below found the defendant guilty of this part of the facts charged, and the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. Each sentence of the lower court (No. 1: the lower court’s judgment: KRW 700,00 for each of the crimes listed in No. 1 through No. 4 of the crimes listed in the annexed Table 1 of the List of Crimes as indicated in the judgment below; KRW 1,00,000 for each of the crimes, KRW 30,000 for each year, and KRW 2,000 for the remaining crimes) is too unreasonable.

3. Determination

A. Of the judgment of the court below of first instance, each crime listed in No. 1. 6 through 23 of the annexed crime list 1. 6 through 23 of the annexed crime list of the judgment, each crime listed in No. 2 through 4 of the judgment, and the second judgment of the court of first instance shall be examined ex officio prior to the judgment on the grounds for appeal by the defendant ex officio. This court shall jointly examine the guilty part of the judgment of the court of first instance and the appeal case against the judgment of the court of second judgment. Of the judgment of the court of first instance against the defendant, each of the crimes listed in No. 1. 6 through 23 of the annexed crime list of the judgment of the court of first instance.

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