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(영문) 서울북부지방법원 2015.06.18 2015노177
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (1) G cut off the water pipes connected to E operated by the victim D (hereinafter “instant water pipes”) from the first floor toilets at around 09:0 on March 16, 2013 at the investigative agency and the court of original instance on the premise that “G was the Defendant, according to the direction of the Defendant,” and (2) the Defendant instructed the Defendant to cut off the water pipes of this case on the day when the water pipes were cut off to record the contents of the conversation between the victim and G, even if it was based on the recording on the recording of the contents of the conversation recorded with the victim on the day when the water pipes were cut off, G made a statement to the effect that “G was able to know that there was a conversation between the victim and the restoration expenses on the premise that the person liable for cutting the water pipes of this case was the Defendant; (3) G made a clear statement at the investigative agency and the court of original instance as to the situation after cutting the water pipes of this case, and thus, the lower court determined that there was no special motive or error between the Defendant and the victim’s testimony.

2. The burden of proof of the facts charged in a criminal trial for judgment is the prosecutor and the conviction is the same.

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