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(영문) 의정부지방법원 2017.04.27 2017노347
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. On May 28, 2016, the Defendant 1), along with M, 00:50 around 00:50 on May 28, 2016, 201, told M in the process of paying admission fees, the F made an inevitable speech to M.

Accordingly, the defendant only made a claim to F with a big interest, and did not interfere with F with F's gambling or business by taking a bath, etc.

2) Nevertheless, the lower court erred by misapprehending the facts charged as to obstruction of business operations.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. In the lower court’s determination as to the assertion of mistake of facts, the Defendant asserted that the aforementioned grounds for appeal are identical to the assertion of mistake of facts.

The judgment of the court below rejected the defendant's above assertion by admitting the guilty guilty of the facts charged in this case after compiling each of the evidences in its judgment.

In full view of the following circumstances admitted by the evidence duly admitted and investigated by the court below, the court below's judgment that found the defendant guilty of obstruction of business affairs is just and acceptable, and there is an error of law by mistake of facts, as alleged by the defendant.

subsection (b) of this section.

Therefore, Defendant’s assertion of mistake of facts cannot be accepted.

1) The F stated to the effect that, as consistent from the investigation stage to the lower court’s trial, the Defendant and M were repeated for a serious desire for the Defendant and F at the time of the instant case.

The F's statement about the brea and the defendant's abusive M and the F's statement about the process of aggravation of conflict until the police is called to the F is highly specific and natural, and credibility.

2) On the other hand, M and the Defendant’s statement regarding the developments leading up to the commencement of the bath theory by F at the time of the instant case is interesting F in strush, M and F.

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