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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.10.28 2015노2249
업무방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. There was no error of fact-finding by the Defendants, as stated in the instant facts charged, that they interfere with the victims’ night work in the disaster prevention room.

B. The lower court’s sentence against the Defendants on the assertion of unfair sentencing (a fine of KRW 500,000) is too unreasonable.

2. We examine the argument of mistake of facts. The court below found the defendant guilty of the facts charged in this case on the ground that each statement of victim D and E, which corresponds to the facts charged in this case, is reliable. When comparing the above evidence judgment of the court below with records, the judgment of the court below is just and it cannot be said that there is an error of law affecting the conclusion of the judgment by misunderstanding facts, and therefore, the defendants' assertion of mistake of facts

(1) The defendant's statements are sufficiently reliable in light of the following facts: (a) the managing director, who has been in conflict with the other Defendants and the apartment house management contract termination; (b) was found to have filed the complaint of this case late on September 3, 2014 after about four months from the date of the occurrence of this case; (c) the victims consistently followed the facts charged of this case from the time when he was investigated by the witness on the day of this case as to the violent case between the Defendants and other apartment residents that occurred immediately after the obstruction of the business of this case; and (d) the above F used the victims to make a false statement to the victims who are ex post subordinate employees in order to mislead the defendants, as alleged by the defendants; (d) the degree of interference with the business of this case on the argument of unfair sentencing is not relatively serious; and (e) there are some circumstances to consider the circumstances leading to the crime of this case; and (e) even if the court below revoked the complaint against the defendants, the defendants are considered to have withdrawn the complaint of this case.

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