(영문) 인천지방법원 2016.10.28 2015노4529 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2016.10.28 2015노4529

업무방해등

Text

All appeals by the Defendants and by the Prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendants (1) committed an act of preventing the Defendants from having a ballot box as a result at the time and place indicated in the facts charged in the instant case, or preventing the office’s entrance from using a safe or depository, but this did not constitute an act of obstructing the business affairs of the association, and there was no intention to interfere with the Defendants’ business.

(2) Each sentence of the lower court against the Defendants on unreasonable sentencing (the suspended sentence of KRW 500,00,000 for each fine of KRW 500,00 for Defendant A, F, and G), Defendant B, C, D, and E, respectively, is too unreasonable.

B. In full view of the evidence submitted by the prosecutor by mistake of facts (1) and the prosecutor, the court below acquitted the defendant A, F on the charge of insult, violation of the Punishment of Violences, etc. Act (joint injury) against the defendant B, C, and E, theft against the defendant G, and violation of the Act on the Punishment of Violences, etc. (joint injury) against the defendant G, and guilty on the charge of obstruction of business related to forced expulsion from the head of the association of the defendants, and hard disc driving. However, the court below acquitted the defendant on this part of the facts charged, which affected the conclusion of the judgment.

(2) The lower court’s each sentence against the Defendants is too unjustifiable and unreasonable.

2. Determination

A. As to the Defendants’ assertion of mistake of facts, the lower court also asserted the same purport as the allegations of mistake of facts, and the lower court rejected the Defendants’ respective arguments by providing detailed judgment. In light of the evidence duly admitted and investigated by the lower court, the lower court’s judgment is justifiable, and the testimony of the witness AU alone does not interfere with the recognition of this part of the facts charged (criminal facts in the original trial). Therefore, the Defendants’ assertion of mistake of facts is without merit.

B. Regarding the prosecutor's assertion of mistake

참조조문

-폭력행위 등 처벌에 관한 법률

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