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(영문) 제주지방법원 2019.11.21 2019노49
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The video files recorded in CDs stored in evidence produced by the prosecutor as evidence (hereinafter “the copy of this case”) at the time of the instant case are admissible as evidence by copying the video files recorded by police officers using the camping cam as they were in the original form, and thus, the Defendant constitutes the crime of interference with business.

B. In light of the progress of a general traffic obstruction meeting on November 14, 2015, which was held on November 14, 2015, the Defendant’s act and degree of participation on the day of the instant case, general traffic obstruction is established.

2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. 1) Of the evidence as to the facts charged of this case, the court below determined that the evidence submitted by the prosecutor alone is insufficient to prove the facts charged of this case in addition to the following circumstances in light of the records: (a) in the case of the copy of this case, among the evidence as to the facts charged of this case, ① it is insufficient to recognize that the copy was made as a copy of the original without any artificial alteration, such as compilation, etc., in the process of making the original recorded at the time of the Defendant’s act as a copy; (b) it is not admissible as a derivative evidence; and (c) it is very low probative value as evidence to prove the specific act of the Defendant as it was made in the same form and content as to the similar case; and (d) the witness T and U’s each legal statement was made by the police officer or the original file recorded at the time as to the facts charged of this case, which made a copy of the original recorded at the time of the Defendant’s act in this case, and thus, it is not sufficient to prove the facts charged of this case.

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