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(영문) 수원지방법원 2013.11.28 2013노2941 (1)
업무방해등
Text

The judgment below

The part against the defendant shall be reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

【Judgment on Grounds for Appeal】

1. The summary of the grounds for appeal is as follows: (a) the Defendant did not interfere with the business of the above singing room at the Gnonode of the F on the day of the instant case; (b) even though the Defendant obstructed the business of the above singing room at the entrance door door door of the first floor, he was made a false report from F; (c) the Defendant was made by using a mobile phone camera in order to secure favorable evidence for the Defendant A; (d) while taking the site by using the mobile phone camera, he was able to remove the Defendant from the police officer I to take a photograph; and (e) the Defendant did not assault I’s chest part by drinking; and even if the fact of assault was recognized, it constitutes a legitimate act to resist the illegal performance of official duties.

2. The following circumstances acknowledged by the court below's legitimately adopted and examined evidence, i.e., ① the police officer I stated in the investigative agency and court of the court below that "the defendant expressed that "I would not take a photograph because it might infringe upon the portrait right," "I would like to take a left chest one time to drink the defendant while taking a bath," and "I would not have any specific opinion on the reasons why I would like to take a film from the defendant," and "I would have no specific opinion on the reasons why I would like to see the defendant's handphone by pushing the defendant," even after a thorough examination of the record, I would like to find the defendant without any motive to make a false statement, ② the defendant would have expressed that I would not take a video photograph from I, ② the fact that I would have expressed the police officer's desire to do so immediately, ③ the fact that I would have taken a speech in the process of the defendant's and the defendant's defendant's work and the defendant's work, and that I would have done the act in the state of oral and behavior.

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