logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.09.19 2014노1858
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of misunderstanding of facts has expressed a desire in the process of raising an objection by raising an objection with abnormal the spirit of the net world ordered at the restaurant operated by the victim, but there is no fact that he interfered with his business by force, such as the instant facts charged.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 700,000) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court found the Defendant guilty of the instant crime of interference with business by taking account of the evidence in its judgment.

B. The court below and the court below made a statement to the effect that the following circumstances acknowledged by evidence duly admitted and examined by the court below and the trial court: ① The victim made a statement to the effect that "the defendant requested that the defendant be placed at around 12:30, and that the defendant be placed at the order of the patrol place, and that the defendant was placed at the order of the patrol place again, and brought about more than 3 times again, and that the victim and his surrounding customers were satisfy and boomed." The statement is not only concrete and consistent, but it seems that the victim cannot find any special circumstance detrimental to the defendant, and thus, it seems that the credibility of the statement is high, ② the defendant himself entered the restaurant at a low time exceeding 12 hours, ordered the patrol place to take more than 12 hours, and the defendant was requested to take more than 2 times, and ③ the time when the police officer received the victim's report and sent to the restaurant at 140 times or more, and the defendant continued to be present at the time of the defendant's business and the charge.

arrow