logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.12.07 2017노2584
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor who submitted the summary of the grounds for appeal, although the court below found the defendant not guilty of the defendant, as stated in the facts charged, even though the defendant could sufficiently recognize that he had obstructed the victim's restaurant business by avoiding the disturbance, such as cutting the table blick with a flick, and taking the flick with a flick with a flick with a flick, etc.,

2. In a judgment, the burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt ought to be based on evidence with probative value sufficient to cause a judge to feel true that the facts charged are true beyond a reasonable doubt. Thus, if there is no evidence to establish such a degree of conviction, even if there is no doubt about the defendant's guilt, it is inevitable to determine it with the benefit of the defendant.

원심은, 피해자 D이 원심 증인으로 출석하여 당시 피고인이 언성을 높이고 넘어져 있는 의자를 툭툭 발로 찬 것 같은데, 의도적으로 찼는지 여부에 대해서는 잘 모르고, 테이블을 엎은 사람은 피고인이 아니라 다른 일행인 것 같다는 취지로 진술하였던 점, 당시 주위에 있었던

F) In light of the fact that a person who appeared as a witness of the lower court and expressed that he would know about whether he was the Defendant, it is insufficient to recognize that the evidence submitted by the prosecution alone was proven without reasonable doubt as to the fact that the Defendant was unable to cause such disturbance, and that there was no other evidence to acknowledge it, the lower court acquitted the Defendant of the facts charged in this case on the ground that there was no other evidence to acknowledge it.

On the other hand, the judgment of the court below is just and acceptable, and there is a error in the facts.

arrow