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(영문) 수원지방법원 2020.11.05 2020노3327
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant and B had the door of the G building at the time of the instant case to the meaning that they opened the entrance of the G building, and did not have engaged in food waste toward its employees.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case. In so doing, it erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. According to the evidence duly admitted and examined by the court below regarding the assertion of mistake of facts, the Defendant and B found the office of the above agency in order to resist the removal of G’s vinyl. In this case, the Defendant was carrying food waste into the office with food waste b, and the Defendant attempted to enter the office with B along with B, but the employees prevented them from entering the office. The employees obstructed the Defendant’s access to the entrance, the Defendant was prevented from cutting away food waste in the food waste b brought by the Defendant, and the employees prior to the entrance was at the entrance of the entrance, and were at the entrance was at the entrance of the entrance, and they met the body of the above food waste. Comprehensively taking account of the above facts, the Defendant could sufficiently recognize the fact that the employees prior to the entrance knew that he could be the employees prior to the entrance, but did not have a food waste to the employees’ side.

Therefore, the judgment of the court below that found the Defendant guilty of all the charges of this case including the Defendant’s act is just, and the Defendant’s above assertion is without merit.

3. The Defendant’s judgment on the assertion of unfair sentencing is deemed to have no criminal record other than the criminal punishment of a fine of KRW 30,000 in 1981, but the instant crime is deemed to have been committed by the Defendant, along with G, on the ground that the Defendant removed his vinyl house at the G level.

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