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(영문) 제주지방법원 2020.01.16 2018노657
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that each CCTV data submitted by the prosecutor as evidence and each video file recorded in each video CD (hereinafter “the copy of this case”) were copied on CCTV installed at the site of this case, and its admissibility is recognized, and thus, the Defendant constitutes a crime of interference with business.

2. Determination

A. Of the evidence as to the facts charged of this case, the lower court determined that: (a) the copy of this case and each investigation report (to be attached to the CCTV data, CCTV viewing report, to be limited to the date and time of the act of the complainant), each internal investigation report (to be limited to the time and time of the act of the complainant), each CCTV output photograph, and each photograph are hard to confirm that the original is reproduced and copied as it was made as a copy without any artificial opening, such as compilation, etc. in the course of the Defendant’s act, and thus, it is difficult to recognize the identity or integrity with the original, and thus, it is not admissible as evidence because it is difficult to recognize that the original was made as a copy of the original without any independent opening, such as compilation, etc., in the process of making it a copy of the original recorded at the time of the Defendant’s act as a copy; and (b) the data prepared by the police officer including investigation report (to be attached to the CCTV) and the statement prepared AK as evidence to prove the same type and content as to the similar case, and thus, it is very low probative value of witness evidence by the prosecutor.

B. The above judgment of the court below is revealed by the records of this case.

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